Mark Barry, MD, a spine surgeon, and medtech company SeaSpine have ended their patent dispute after jointly agreeing to dismiss their claims in federal court.
Dr. Barry and SeaSpine Holdings, SeaSpine Orthopedics and SeaSpine filed a joint stipulation July 29, asking the U.S. District Court for the District of Delaware to dismiss all claims between them without prejudice. The parties agreed to bear their own attorneys’ fees and costs.
U.S. District Judge Richard G. Andrews signed the stipulation July 30, terminating the litigation involving SeaSpine in the consolidated case.
On June 2, 2021, Dr. Barry sued SeaSpine, alleging that the company’s Daytona deformity and small stature spinal systems infringed on his patents. In January 2022, SeaSpine’s motion to dismiss one of Dr. Barry’s patent claims was denied, with a federal judge in Delaware siding with Dr. Barry.
The filing does not disclose whether the parties reached a settlement or provide any additional details regarding the resolution.
At the Becker’s 32nd Annual Meeting: The Business and Operations of ASCs, taking place October 29-31 in Chicago, ASC leaders, surgeons and healthcare executives will explore strategies to drive growth, enhance operational performance, navigate reimbursement challenges and prepare for the future of ambulatory surgery. Apply for complimentary registration now.