ActiveO Alleges Trademark, Patent Infringement by Medtronic for Bone Cement Product

Spinal Tech

ActiveO, an Incline Village, Nev.-based medical device company, has filed litigation against Medtronic in a Salt Lake City federal court, claiming trademark and copyright infringement of ActiveO's trade name for bone cement, according to an ActiveO news release.

The company alleges that Medtronic has been marketing bone cement under the name "KYPHON ActivOs 10 Bone Cement," released in June 2010, which ActiveO claims infringes on the company's trademark. ActiveO has been working on development of a minimally invasive treatment for contained herniated discs since Oct. 2004.

The company says that Medtronic Spine requested a meeting to learn more about ActiveO technology in 2005 and entered into a confidentiality agreement with ActiveO at that time. The two companies again spent time together in 2009 discussing the technology.

ActiveO previously tried to settle the dispute out of court but was unsuccessful. The company has also filed a motion with the Court requesting that Medtronic be enjoined from using the "ActivOs" mark.

Read the ActiveO release on the trademark/patent infringement.

Read other coverage on patent infringement:

- NuVasive Settles Patent Dispute With Orthofix, Includes $2M Settlement


- NuVasive Intitiates Patent Infringement Lawsuit Against Globus Medical

- Court Upholds Wright Medical's Knee Implant Patent Against Stryker's Challenge


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