CASE: Biomet Inc. v. Finnegan Henderson LLP Court: District of Columbia Court of Appeals 967 A.2d 662 (D.C. 2009) Facts a. Plaintiff/Biomet – Manufacturer of orthopedic devices Defendant/Finnegan – law firm representing Biomet b. Biomet was sued by Dr. Raymond Tronzo for patent infringement, misuse of confidential information, and fraud. Following jury verdict, District Court awarded $7,134,000 in compensatory damages and $20 million in punitive damages. Finnegan handled Biomet’s appeal. Finnegan did not appeal the punitive damages at this point b/c ratio was 3:1. Finnegan was successful on appeal gaining a reversal of the patent infringement finding. On remand the district court found Biomet liable for $520 in compensatory damages. Finnegan now challenged the punitive damages as unconstitutional b/c the ratio was now 38,000:1. Court reduced the punitive damages to $52,000. On appeal, the Federal Circuit ruled that b/c the punitive damages were not challenge in the initial appeal, Biomet had waived its right to challenge. Fed Cir reinstated the $20 mil punitive damages award.
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