"The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday issued a decision in Rasmussen Instruments, LLC v. DePuy Synthes Products, Inc., vacating a United States District Court for the District of Massachusetts judgment and remanding with instructions to dismiss for lack of subject matter jurisdiction. The court held that Rasmussen Instruments lacked standing to bring the patent infringement lawsuit because it did not own the asserted patents at the time the suit was filed."
"The opinion, authored by Circuit Judge Hughes and joined by Circuit Judges Linn and Cunningham, examined whether Rasmussen Instruments, LLC, had legal title to the patents in October 2020, when it initiated the infringement action. The CAFC concluded that a 2006 assignment agreement between the inventor and Wright Medical had transferred ownership of the patents, preventing Rasmussen Instruments from acquiring rights."
"Rasmussen Instruments filed a suit against DePuy Synthes Products, Inc., and DePuy Synthes Sales, Inc. for infringement of U.S. Patent Nos. 9,492,180 and 10,517,583, which cover instruments used during the surgical installation of a knee replacement implant. At trial, a jury found that DePuy infringed the '180 patent but not the '583 patent and that neither patent was invalid, ultimately awarding Rasmussen $20 million in damages."
The U.S. Court of Appeals for the Federal Circuit vacated a District Court judgment and remanded with instructions to dismiss for lack of subject matter jurisdiction. Rasmussen Instruments filed suit in October 2020 alleging infringement of U.S. Patent Nos. 9,492,180 and 10,517,583 covering knee replacement surgical instruments. A jury found infringement of the '180 patent, no infringement of the '583 patent, and no invalidity, awarding Rasmussen $20 million. The CAFC determined that Rasmussen lacked standing because a 2006 assignment transferred patent ownership to Wright Medical, and there is no indication the patents were reassigned back to the inventor, leaving Rasmussen without rights to sue.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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