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Judge sides with Andover firm in patent infringement case Smith & Nephew granted injunction in suture patent infringement case
(The Eagle-Tribune (North Andover, Mass.) Via Acquire Media NewsEdge) Nov. 9--ANDOVER -- A U.S. District Court judge in Oregon has granted Smith & Nephew Endoscopy's request for an injunction prohibiting a Florida company from making or selling devices that infringe on a patent held by a doctor who had worked with the local medical devices company.
The judge's decision, issued Oct. 28, bars Arthrex Inc. of Naples, Fla., from manufacturing or selling medical devices that infringe on a patent exclusively licensed to Smith & Nephew by Dr. John Hayhurst of Portland, Ore.
"We are pleased that the judge has granted our request for an injunction," said Michael Frazzette, president of Smith & Nephew Endoscopy. "Smith & Nephew remains committed to defending its intellectual property and the hard work of the surgeons who partner with us in developing and commercializing these innovative tools and techniques for the ultimate benefit of the patient."
Based in London, with offices in Andover, Smith & Nephew is a $3.4 billion publicly traded company with operations in 32 countries, specializing in orthopedic reconstruction. In Massachusetts, the endoscopy division employs 725 people between its Mansfield manufacturing facility and the Andover executive offices, located at 150 Minuteman Road.
A jury determined in June that Arthrex willfully infringed on Smith & Nephew's patent by marketing and selling certain types of suture anchors used in various surgeries, including shoulder surgery. The jury awarded Smith & Nephew $14.7 million for past infringement through 2005.
The court ruled that by the end of the year, Arthrex must stop manufacturing and selling the infringing Bio-SutureTak and PEEK SutureTak anchors.
The injunction will not affect sales of current Arthrex PushLock anchors. During the case, Arthrex stopped selling the infringing first generation PushLock anchors and replaced them with modified PushLock Anchors. Smith & Nephew and Dr. Hayhurst have filed a second lawsuit against Arthrex seeking an injunction against the newer versions of PushLock anchors as well as Arthrex's Bio-Composite SutureTak anchors.
In addition to granting Smith & Nephew's injunction, the judge:
Granted prejudgment interest in the amount of $1.5 million.
Ruled that the court will award additional damages for Arthrex's infringement after 2005.
Ruled that the Oregon federal district court will not stay the injunction pending Arthrex's appeal.
To see more of The Eagle-Tribune or to subscribe to the newspaper, go to http://www.eagletribune.com/.
Copyright (c) 2008, The Eagle-Tribune, North Andover, Mass.
Distributed by McClatchy-Tribune Information Services.
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