ConforMIS sues Acacia Research over disingenuous access to confidential docs

February 28, 2013 by Arezu Sarvestani

Orthopedic devices maker ConforMIS claims Acacia Research Group and a knee arthroplasty method inventor on grounds that they accessed confidential business information by misrepresenting themselves and their intentions.

ConforMIS logo

Medical device maker ConforMIS filed a counter-suit against a patent holder and a patent management firm, claiming the pair used disingenuous means to acquire information in support of an infringement case against the company.

Massachusetts-based ConforMIS claimed that Acacia Research, acting on behalf of client and inventor Peter Bonutti, access the company's online Surgeon Resource Center and other corporate portals in order to gather ammunition for a patent infringement lawsuit over knee arthroplasty methods.

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Acacia Research engineering vice president Phillip Mitchell allegedly logged onto the ConforMIS websites and accessed confidential business documents just days before filing a lawsuit accusing ConforMIS and its iUni G2 Unicompartmental Knee Resurfacing System of patent infringement, ConforMIS claimed.

In May 2012 Mitchell allegedly accessed a ConforMIS site that required him to agree to certain terms of use, including that the information was not for use by any parties with competing interests, according to the complaint.

ConforMIS claimed that Mitchell logged in under the guise of an authorized entity and used information gathered there to encourage Bonutti and his holding company to file a patent infringement lawsuit.