U.S. District Court Finds Arthrex Guilty of Willfully Infringing Smith & Nephew Endoscopy Patent

Smith & Nephew, Inc., Endoscopy Division, a subsidiary of Smith & Nephew plc announced today a jury in the United States District Court in Oregon decided in Smith & Nephew’s favor and found privately-held Arthrex Inc., (Naples, Fla.) guilty of willfully infringing U.S. Patent 5,601,557.

Smith & Nephew Endoscopy and Dr. John O. Hayhurst sued Arthrex over three years ago, claiming that Arthrex’s Bio Suture Tak, PEEK Suture Tak and Push Lock suture anchors infringed a U.S. patent owned by Dr. Hayhurst and under exclusive license to Smith & Nephew Endoscopy.  The jury awarded Smith & Nephew $14.7 million for Arthrex’s past infringement.

Smith & Nephew now plans to seek an injunction prohibiting Arthrex from further manufacturing or selling the infringing devices in the United States.

“We are extremely pleased with the jury’s decision,” said Mike Frazzette, president, Smith & Nephew Endoscopy. “As the preferred provider of innovative arthroscopic tools and techniques to surgeons around the world, we stand committed to protecting our intellectual property and the surgeons who work with us to develop them.”

The disputed patent covers Smith & Nephew Endoscopy’s TAG^◊ WEDGE, TAG^◊ ROD, and BIORAPTOR^◊ Suture Anchors used primarily in surgical repair of the shoulder.

Dr. Hayhurst, who is a pioneer in the field of suture anchors, developed his patented inventions over many years.

He has worked with Smith & Nephew and together they are responsible for bringing these inventions and products to  market to benefit patients and surgeons around the world.

“We are aware that other competitors may continue to profit from the innovation we and our surgeon partners have developed, and we will take all appropriate measures to protect our IP,” Frazzette said.

SOURCE: PR Newswire