KFx Medical Corporation announced that the United States District Court for the Southern District of California has issued an Order Construing Patent Claims in favor of KFx in its patent infringement lawsuit against Arthrex.
On August 1, 2011, KFx filed a complaint against Arthrex alleging claims of induced and contributory infringement of United States Patent Number 7,585,311 (“the ‘311 Patent”). Since that time KFx has been awarded an additional three patents covering knotless double row repair, two of which are now art of the Arthrex suit (United States Patent Numbers 8,100,942 (“the ‘942 Patent”) and 8,109,969 (“the ‘969 Patent”).
The order issued by the district court is the culmination of the claim construction process which determines the meaning and scope of the asserted patent claims. In KFx’s lawsuit, six terms used in the ’311, ‘942, and ‘969 patents were in dispute. In each instance, the judge ruled in KFx’s favor regarding how those terms should be interpreted at trial.
“Clearly we are pleased with the results. Our counsel, Joe Jennings and his firm Knobbe Martens simply did a spectacular job in reducing complicated technical issues to their most simple and legally correct essence. After considering the briefs, materials, and arguments provided by both parties, the Court rejected Arthrex’s attempt to improperly limit the scope of the asserted claims,” stated Tate Scott, president and CEO. “This outcome confirms the tremendous support by our investors, and we will continue to defend our intellectual property. Previously the ‘311 patent was unsuccessfully challenged by an anonymous third party in an ex-parte re-examination request made to the United States Patent and Trademark Office. There, like here, the anonymous party’s assertions were completely rejected.”
The new AppianFx line of implants from KFx reattach tissue to and in bone in shoulder, knee, foot and ankle procedures which combined exceed well over 1 million annual surgical procedures in the United States. Product offerings include those that directly place and secure tissue into bone both with and without the use of sutures.
Headquartered in Carlsbad, Calif., KFx Medical Corporation was founded in 2003 to develop products for tissue fixation in a variety of orthopedic surgical procedures performed on the shoulder, knee, foot, and ankle. KFx provides simple systems for orthopedic surgeons focused on sports medicine. The company is privately held — Investors include Alloy Ventures, Charter Life Sciences, Arboretum Ventures, Montreux Equity Partners, and MB Venture Partners.
About Knobbe Martens
With over 275 lawyers and scientists nationwide, Knobbe Martens Olson & Bear LLP dedicates its practice to all aspects of intellectual property law including litigation. Consistently ranked among the top intellectual property firms worldwide, Knobbe Martens serves a diverse group of clients from multinational corporations to emerging businesses of all stages. Headquartered in Orange County, California, Knobbe Martens also has offices in San Diego, Los Angeles, Riverside, San Francisco, Silicon Valley, Seattle and Washington, D.C. More information about the firm can be found at www.knobbe.com.
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