5 Recent Orthopedic and Spine Device Patent Infringement Cases

Spinal Tech

Here are five recent patent infringement lawsuits filed and settled between orthopedic and spine device companies.

1. ActiveO Alleges Patent Infringement by Medtronic.
ActiveO 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.

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2. NuVasive Settles Patent Dispute With Orthofix. NuVasive filed the lawsuit against Orthofix and the foundation in April, claiming the Orthofix's Trinity Evolution infringed on property owned by NuVasive. The complete terms of the settlement were undisclosed, though it was reported that Orthofix paid $2 million in settlements.

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3. NuVasive Initiates Patent Infringement Against Globus Medical. NuVasive contends that Globus Medical's LLIF lateral fusion offering — including instrumentation, implants and techniques under the trademarks of TransContinental, MARS 3V and LLIF — infringe on NuVasive's XLIF intellectual property. The XLIF is a procedure for minimally invasive lumbar fusions.

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4. Court Rules in Favor of Smith & Nephew in Patent Litigation. The court ruled that the U.S. patents in question licensed to Kinetic Concepts were invalid due to obviousness. Smith & Nephew are allowed to continue marketing RENASYS –F in the U.S. as a result of the judgment. The judgment overturns a previous jury verdict from March of 2010 and is consistent with the judgment to invalidate Kinetic Concepts' related patents in the United Kingdom and Germany.

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5. Stryker Files Patent Infringement Lawsuit Against Zimmer Holdings. Stryker has filed a patent infringement lawsuit against Zimmer Holdings, claiming the company's Pulsavac Plus wound debridement system infringes three U.S. patents. Stryker is seeking cash compensation and an order to prevent further use of Zimmer's Pulsavac Plus system, according to the report. Stryker's patents on the InterPulse and SurgiLav systems cover devices using pulsing liquid to loosen debris from a surgical site and remove it by suction.

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