Judge Blocks Arthrex Orthopedic Device

A federal judge in Portland, OR, has told a Florida company that it must stop manufacturing or selling a medical product that was the subject of a $14.7 million patent infringement verdict in June.

US District Judge Michael Mosman issued an injunction on behalf of Smith & Nephew Endoscopy of Andover, MA, which had produced a device invented by a Portland doctor. Mosman directed his order to Arthrex Inc. of Naples, FL.

Portland orthopedic surgeon John Hayhurst patented a device that reattaches tissue to bone, then he licensed the patent to Smith & Nephew. The Massachusetts company filed suit against Arthrex in 2004, claiming the Florida company was manufacturing products that wrongly infringed on the patent.

In June, a Portland federal jury awarded Smith & Nephew $14.7 million in damages through 2005. At the time of the verdict, Arthrex officials said they believe their device works differently than the Smith & Nephew device and did not infringe on the patent.

Mosman also awarded Smith & Nephew $1.5 million in interest. He is considering the amount of damages Arthrex must pay for infringing on the patent after 2005.