A judge in the U.S. District Court for the District of Connecticut recently awarded Analysis Group client Tyco Healthcare Group LP (currently known as Covidien PLC) damages of $176 million in a patent infringement lawsuit involving Ethicon Endo-Surgery Inc., a unit of Johnson & Johnson.
An Analysis Group team, retained by DLA Piper on behalf of the plaintiffs and led by Managing Principal Keith R. Ugone, Ph.D., and Vice President Na L. Dawson, Ph.D., performed an independent damages assessment. After conducting extensive research and analysis, the team issued an expert report authored by Dr. Ugone that provided detailed damages-related assessments and opinions. The report presented evidence of the demand for the patented products-at-issue, the direct competitive relationship between Ethicon's allegedly infringing products and Tyco's ultrasonic and radio frequency products, the high profitability enjoyed by Ethicon from the allegedly infringing products, and the high opportunity cost to Tyco associated with a licensing arrangement with Ethicon. Dr. Ugone testified at deposition and at trial.
Following a two-week bench trial, U.S. District Judge Janet Bond Arterton found that Ethicon had infringed on Tyco's patents. She awarded Tyco an 8-percent reasonable royalty rate, resulting in past royalty damages of $140 million. In addition, she awarded Tyco prejudgment interest in the amount of $36 million, resulting in a total damages award of $176 million.