Knobbe Martens Olson & Bear LLP, one of the nation’s leading intellectual property law firms, announced on January 20 that the U.S. Court of Appeals for the Federal Circuit has affirmed a $35 million patent infringement judgment in favor of client KFx Medical Corp. against Arthrex Inc., for infringing three KFx patents. The patents relate to techniques for connecting soft tissue to bone in reconstructive surgery.
“In upholding the jury’s verdict, the Court provided further validation of KFx’s significant advance in the arthroscopic repair of rotator cuffs,” said KFx’s lead attorney, Knobbe Martens partner Joseph Jennings, who argued the appeal in Washington, D.C. Knobbe Martens partners Sean Murray and Brian Horne, and associate Marissa Calcagno, rounded out the litigation team. The same Knobbe Martens team also represented KFx during the jury trial that led to the appeal.
Tate Scott, CEO of KFx added, “Protecting and enforcing its intellectual property rights against Arthrex paved the way for KFx to grant licenses to others, which has led to widespread adoption of KFx’s techniques and improved patient outcomes.”
Solana Beach, Calif.-based KFx, founded in 2003, develops surgical products for tissue fixation in a variety of orthopedic sports medicine procedures performed on the shoulder, knee, foot, and ankle. Knobbe Martens, KFx’s longtime legal counsel, prosecuted the three litigated patents in the U.S. Patent Office.
In August 2011, Knobbe Martens filed KFx’s complaint against Arthrex in the U.S. District Court for the Southern District of California. The complaint alleged induced and contributory patent infringement. The patents in dispute were U.S. Patent Nos. 7,585,311, 8,100,942, and 8,109,969. In July 2013, District Court Judge Dana Sabraw denied Arthrex’s motion for summary judgment, and in a trial later that year, a jury awarded KFx $29 million after concluding that Arthrex had infringed the KFx patents and that the patents were valid. The District Court rejected Arthrex’s request for a new trial in February 2014, and granted KFx’s request for additional damages and interest, bringing the total award to over $35 million.
The Appeal was heard January 6th before a three-judge panel of the Federal Circuit. Arthrex argued that the judgment should be overturned based on a variety of theories, including that KFx’s patents were invalid because they cover an “obvious” invention, “a combination of known elements, according to known methods, that does no more than yield predictable results.” The Federal Circuit panel rejected the arguments in a summary affirmance of the District Court judgment.
About Knobbe Martens
With more than 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, San Francisco, Silicon Valley, Seattle and Washington, D.C. More information about the firm can be found at www.knobbe.com.
About KFx Medical
Headquartered in Solana Beach, Calif., KFx Medical 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 new AppianFx line of implants from KFx reattaches tissue to bone in shoulder, knee, foot and ankle procedures, which combined exceed well over one 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.
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