Although this case originates in the U.S., the lesson is universal and applies in Europe and beyond. Intellectual property due diligence is an operational imperative, not a footnote—meticulous attention to ownership and standing is crucial for enforcing rights anywhere.

In Rasmussen Instruments, LLC v. DePuy Synthes Products, Inc., the plaintiff won at trial, and the jury awarded $20 million in damages.

But the victory didn’t last. On appeal, the Federal Circuit vacated the judgment (Case No. 23-1855, Oct. 6, 2025). The reason? Lack of standing. Rasmussen Instruments, LLC did not hold valid ownership of the patents when the lawsuit was filed.

How the title broke down:

    • The inventor, Dr. G. Lynn Rasmussen, transferred all rights to Wright Medical via an assignment in 2006.
    • Subsequent agreements in 2013 did not formally reassign ownership back to Dr. Rasmussen.
    • In 2020, Rasmussen Instruments, LLC attempted to claim the patents through Dr. Rasmussen—but no legal rights existed to transfer.

The takeaway is clear: a broken chain of title means no ownership, no standing, no remedy—even if you “win” at trial. The financial and operational consequences are staggering, and millions in damages can vanish in an instant.

Key Lessons for IP Management:

    • Document everything – Every assignment, license, and transfer must be meticulously documented, executed, and recorded.
    • Verify rigorously – Ownership and standing must be confirmed before filing any infringement suit; they are jurisdictional thresholds.
    • Make it ongoing – Continuous IP governance is essential; it’s not just paperwork, it’s the foundation of enforceable rights.

Failing to follow these steps can turn even a multimillion-dollar victory into a cautionary tale. This case underscores how critical it is to secure every link in your IP chain.