MedShape announced that a U.S. District Court ruled to invalidate key claims of a Cayenne Medical patent. Cayenne Medical agreed to withdraw allegations of patent infringement and end litigation on the matter, and MedShape withdrew its challenges to the validity of Cayenne Medical's patent claims.
The patent infringement lawsuit was filed by Cayenne Medical against MedShape in 2014, asserting that the ExoShape® Femoral Soft Tissue Fastener infringed U.S. Patent Nos. 7,651,528 and 8,435,294 that cover the AperFix® system. MedShape disagreed, and initiated a defense. The remaining background on the suit is available here.
Zimmer Biomet acquired Cayenne Medical in May 2016.
Sources: MedShape Inc., ORTHOWORLD Inc.
John Boger has authored numerous BONEZONE® articles on all aspects of patent knowledge throughout the years. Here are just two:
Mitigate Patent Infringement Risk with an FTO: The Freedom to Operate or product clearance opinion's main purpose is to serve as a risk management tool for a company.
Protecting Inventions and Brands—IP Due Diligence in the Product Development Process: Refinements to product development have sought to increase efficiencies, speed time to market and improve the quality of clinical results. One important constant remains, however: the need for focused, timely intellectual property due diligence.