KFx sued Arthrex in August 2011, alleging infringement of its patents by Arthrex’s SutureBridge and SpeedBridge devices for rotator cuff repair and Achilles tendon repair.
In October 2013 a jury found for KFx, awarding $29 million in damages. Judge Dana Sabraw of the U.S. District Court for Southern California later denied an Arthrex motion for a new trial and tacked on another $1.9 million in damages and prejudgment interest of 7%.
Yesterday the appeals court affirmed Sabraw’s decision without comment, according to court documents.
It’s the latest legal setback for Arthrex, which last October lost a round to Smith & Nephew (FTSE:SN, NYSE:SNN) when the U.S. Patent & Trademark Office confirmed the validity of an SNN patent. In 2013 a federal judge ordered Arthrex to stop selling some of its suture anchors in the U.S.; the company suffered another legal loss inn 2014 when a federal appeals court overturned its $85 million win over the British healthcare giant. Arthrex has asked the U.S. Supreme Court to hear an appeal of that decision.
Smith & Nephew has inked a licensing deal with KFx for some of the products under dispute with Arthrex.