In March 2014, DePuy-Synthes, a subsidiary of Johnson & Johnson Inc. In that suit, Synthes alleged that Globus had infringed three Synthes patents (U.S. Patent Nos. 7,846,207; 7,862,616; and 7,875,076) all directed to intervertebral implants. The case was tried in the U.S. District Court for the District of Delaware.
The jury found that Synthes’ patents were valid and that three of Globus’ intervertebral implant products infringed those patents. The jury awarded Synthes $16 million in damages, representing a 15% royalty on Globus’ sales of infringing products.
In December 2014, Synthes learned that its damages expert, Richard Gering, did not have a Ph.D., as he had testified under oath. Synthes notified the court and Globus the following day.
Globus argued in a brief, filed April 24th, 2015, that it should be granted a new trial because it is impossible to quantify how much the discredited expert’s testimony influenced the jury’s decision. Synthes responded that because Globus did not offer evidence that the expert’s testimony itself was factually incorrect, it could not establish that a new trial is warranted. Mr. Gering testified only on damages, and not on validity or infringement. Therefore, Synthes argued that there is no reason to grant a new trial.