Federal judge narrows surgeon's patent lawsuit against SeaSpine

Carly Behm -  

A Delaware district court judge has partially dismissed a spine surgeon's patent lawsuit against SeaSpine.

Three things to know:

1. SeaSpine had moved to dismiss a case brought by Roger Jackson, MD, alleging that SeaSpine infringed 12 patents that he licenses from Alphatec Spine related to spinal implants and systems to fixate or align the vertebrae, according to a court opinion filed Feb. 14.

2. The judge cited partial dismissal of the suit under court rules related to induced, willful and contributory infringement, particularly related to two of the patents.

3. The judge found that Dr. Jackson only identified 10 of the allegedly infringed patents in an infringement notice to SeaSpine, leaving two patents of which he failed to sufficiently plead SeaSpine had knowledge. Thus, the judge dismissed the portions of the suit related to the alleged infringement of two of the patents in question.

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