Barry v. Depuy Synthes Companies, No. 23-2226 (Fed. Cir. Jan. 20, 2026)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Dr. Mark A. Barry sued DePuy Synthes Sales, Inc., Medical Device Business Services, Inc., and DePuy Syn- thes Products, Inc. (together, “DePuy”) in the United States District Court for the Eastern District of Pennsylvania, al- leging that DePuy induced surgeons to infringe certain claims of Barry’s U.S. Patent Nos. 7,670,358 (the “’358 pa- tent”), 8,361,121 (the “’121 patent”), and 9,668,787 (the “’787 patent”) (collectively, “the Asserted Paten ts”). At trial, DePuy moved to exclude two of Barry’s experts, Dr. Walid Yassir and Dr.