Smith & Nephew to pay ConforMIS $10.5M in patent dispute settlement, licensing agreement: 4 key notes

Laura Dyrda -   Print  |

Smith & Nephew settled a dispute with ConforMIS over patient-specific instrumentation patents.

Here are five things to know:

1. ConforMIS filed suit against Smith & Nephew in 2016, alleging the device company giant infringed on eight patents covering iTotal PS, according to Mass Device. The iTotal PS is the technology ConforMIS uses to develop its patient-specific knee replacement, and ConforMIS took issue with Smith & Nephew's development and marketing of the Visionaire guides used with Smith & Nephew implants.

2. The suit also alleged Smith & Nephew mis-promoted the technology by saying the Visionaire guides were custom-fit total knee replacement procedures while using standard implants that weren't customized for the patient. ConforMIS alleged the "mis-promotion" harmed its potential sales base and market share, as well as weakened the "patient-specific" description among consumers, according to Mass Device.

3. The two companies reached a settlement Sept. 17 in which Smith & Nephew will pay $10.5 million to ConforMIS and enter into a license agreement with the company to resolve all patent disputes between the two.

"Through this settlement, we have again monetized our patient-specific instrument patents and steadfastly protected our core business of patient-specific implants," said ConforMIS President and CEO Mark Augusti.

4. In 2015, ConforMIS settled a similar patent dispute with Wright Medical Technology, entering into a license agreement with the company as well as MicroPort Orthopedics.

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