PureWick Corp., a subsidiary of Becton Dickinson & Co., developed and patented the groundbreaking PureWick female external urinary catheter, which provides an incontinence solution for women designed to reduce catheter-associated urinary tract infections (“CAUTI”) and skin damage caused by urine-soaked diapers and bedding. PureWick was a first-of-its-kind solution that was an immediate success in the market. Following the launch of the PureWick, Sage Products LLC released a competing product called the PrimaFit, and thereafter released a male version called the PrimoFit.
PureWick sued Sage for infringement of two of PureWick’s patents based on Sage’s sale of PrimaFit device, and a third PureWick patent based on Sage’s sale of the PrimoFit device. On April 1, 2022, a jury returned a verdict finding that Sage infringed all three asserted patents, that Sage’s infringement of two of the patents was willful, and that PureWick was entitled to $26.2 million in lost profits from Sage’s sales of the PrimaFit and an additional $1.8 million based on a 6.5% reasonable royalty on Sage’s sales of the PrimoFit.