Appeals Court Affirms Stryker Ban on Selling Medical Screw

A United States appeals court agrees that medical device maker Stryker Corp. can’t sell a screw to fix broken bones because it infringes on a patent held by Acumed LLC.

The U.S. Court of Appeals for the Federal Circuit ruled that the U.S. District Court in Oregon correctly decided to stop Kalamazoo, Mich.-based Stryker from selling its T2 PHN screw, which is used in fractures of the upper arm.

This isn’t the first time Stryker and Acumed have been at odds. 

In 2005, a federal jury found Stryker infringed on a patent by Acumed, which is based in Buffalo, N.Y., and awarded damages based on Acumed’s lost profits. Six months later, the district court granted Acumed’s request for a permanent injunction.

“Because we conclude that the district court did not abuse its discretion in granting the motion of a permanent injunction, we affirm,” the court said.

The appeals court upheld the injunction, saying Acumed would be irreparably hard by a loss of income.