Conformis (NSDQ:CFMS) announced today that it settled with Stryker (NYSE:SYK) to resolve patent litigation involving Wright Medical. Billerica, Mass.based Conformis said in a news release and SEC filing that Stryker — which acquired Wright Medical in November 2020 — will make a one-time $15 million payment to Conformis. Stryker in return will receive a non-exclusive license […]
Patent Infringement
SCOTUS preserves assignor estoppel in Minerva Surgical v. Hologic patent case
The U.S. Supreme Court, in its Minerva Surgical v. Hologic ruling today preserved the legal doctrine of assignor estoppel — that inventors who sell patent rights can’t then claim they’re invalid. However, Justice Elena Kagan, in her opinion for the majority, did say that the doctrine has limits. Get the full story on our sister […]
Supreme Court rejects Medtronic bid to overturn spine surgeon’s royalties win
Medtronic (NYSE:MDT) lost its bid Monday to have the U.S. Supreme Court toss a decision awarding $112 million in royalties to an Indiana spine surgeon-turned-inventor. The court declined to hear a petition by Medtronic to overturn an appeals court decision that allowed the jury’s award to Dr. Rick Sasso to stand. Sasso won the royalties decision in […]
U.S. Supreme Court kicks Arthrex case back to patent board
The U.S. Supreme Court ruled today that Patent Trial and Appeal Board judges are unconstitutionally appointed, but that greater supervision by the PTAB director would solve the problem. The opinion in the case followed a 2019 appeals court ruling in the closely watched patent spat between Arthrex and Smith+Nephew (NYSE:SNN). In the original lawsuit, Smith+Nephew and ArthroCare (which Smith+Nephew acquired in 2014) petitioned […]
3 things medical device companies should know about the Patent Trial and Appeal Board
With nearly a decade of proceedings behind it, the Patent Trial and Appeal Board (PTAB) has established a record. Medtech companies can learn from it. Timothy P. McAnulty and Daniel F. Klodowski, Finnegan One of the key aspects of a strong patent is the owner’s ability to enforce it. And when a patent is asserted […]
ITC takes up AliveCore patent complaint against Apple
The U.S. International Trade Commission (ITC) has agreed to investigate if Apple has imported devices that infringe three patents held by AliveCor. AliveCor filed the ITC complaint in April, alleging that Apple violated U.S. tariff law by importing certain Apple watches that infringe patents for its ECG technology. Mountain View, Calif.-based AliveCor wants the trade commission […]
Insulet sues Roche over diabetes tech patent
Insulet (NSDQ:PODD) is suing Roche Diabetes Care in the U.K., claiming that Roche prematurely began selling tubeless insulin pumps covered by an Insulet patent three years before that patent expires. The trial for the lawsuit, filed in August 2020, began this week in the U.K. High Court. Get the full story on our sister site, Drug Delivery Business […]
5 IP tips for medical device entrepreneurs
Taking certain steps — including some that are easily overlooked — can better protect your intellectual property. Thinking of designing your own medical device or launching a company? In recent DeviceTalks Weekly podcasts, two partners from the intellectual property law firm Finnegan, Henderson, Farabow, Garrett & Dunner, LLP shared several tips medical device company executives […]
Abbott’s St. Jude Medical wins patent spat over catheterization method
St. Jude Medical, now part of Abbott, has won a patent dispute over a method for using a double catheter in heart failure patients. Niazi Licensing’s patent, issued in 2003 for the double catheter system, describes it as better suited for “use in the coronary sinus, especially in patients suffering from congestive heart failure,” according […]
3 ways to a strategic medtech patent portfolio
Protecting innovations leads to medtech success. Top Greenberg Traurig patent attorneys explain how. Roman Fayerberg and David J. Dykeman, Greenberg Traurig A strategic patent portfolio is key to a medtech company’s growth and success, but building a robust patent portfolio takes strategy, time and money. While there are no shortcuts to building a strategic patent […]
Supremes turn back Cochlear IP appeal
The U.S. Supreme Court has declined to hear a $268 million patent case appeal filed by Cochlear Ltd. (ASX:COH) against two competitors. The Australia-based hearing implant company had appealed a March 2020 federal appeals court decision upholding a U.S. District Court decision that awarded $268 million in damages to those competitors, the Alfred Mann Foundation and Advanced Bionics, the […]
