J&J’s DePuy Fails to Void Spine Patent as 2022 Verdict Stands

Johnson & Johnson’s DePuy units lost their bid to prove they invented a spinal-fusion implant before RSB Spine LLC, leaving intact the $12 million infringement verdict a jury returned for RSB nearly three years ago.

RSB’s US Patent No. 9,713,537—the basis of the December 2022 jury award—prevailed over DePuy’s interference counterclaim alleging that its own US Patent No. 7,846,207 had priority, according to Judge Richard G. Andrews’ opinion issued Wednesday in the US District Court for the District of Delaware. The ruling followed an April bench trial on the topic.

• A contrary ruling would have canceled RSB’s ‘537 ...