RSB Spine Seeks More Damages
RSB Spine, for its part, is pushing to finalize supplemental damages. Its expert based earlier calculations on estimated sales figures at the time of trial, with the understanding they would be revised when real sales data became available. DePuy has already agreed to provide that information, and both sides appear aligned on how to calculate pre- and post-judgment interest.
RSB is also pursuing damages for post-trial sales, applying the same 6% royalty rate the jury decided on. The company argues it is legally entitled to compensation until the patent expires.
“Plaintiff is entitled to post-verdict damages … to ensure it is fully compensated,” its brief states.
Counsel Silent as Case Presses On
RSB Spine’s attorneys declined to comment, while DePuy’s lawyers did not respond to requests Tuesday evening.
The patents at the center of the dispute are U.S. Patent Nos. 9,713,537 and 7,846,207.
RSB Spine is represented by attorneys from Cooley LLP and Phillips McLaughlin & Hall PA. DePuy is represented by Jones Day and Ashby & Geddes.
