A federal jury in the Eastern District of Texas has found that Arthrex, Inc. of Naples, FL, infringed a patent belonging to Smith & Nephew, Inc. (Smith), of Andover, MA. Smith & Nephew Inc., Endoscopy Division, is a subsidiary of Smith & Nephew plc. Smith, which markets and sells medical devices used for anterior cruciate ligament repair, filed the case in 2007.

According to the jury verdict, the jury found Arthrex's RetroButton Femoral Fixation device to have infringed Smith's 5,645,588 (the '588 patent) for a Graft Attachment Device. Smith says the patent covers its ENDOBUTTON Fixation Device and similar devices used in attaching tissue grafts to bone during arthroscopic knee surgery. Arthrex was not able to prove the '588 patent was invalid. The jury found that Smith should receive $4,713,000 for lost profits, in reasonable compensation.

In a press release, Smith & Nephew Endoscopy president Mike Frazzette stated, "Smith & Nephew has a long and proud history of providing medical devices that help surgeons to deliver positive patient outcomes. As a result, we will vigorously protect our intellectual property rights against Arthrex and other companies that infringe our patents."

The company also plans to seek an injunction to prevent Arthrex from selling the RetroButton device.

Adapted in part from a Smith & Nephew press release.

Link: http://global.smith-nephew.com/master/31465.htm

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