Synthes loses infringement case to Smith & Nephew
The federal district court for WD Tenn ruled on August 31, 2005 that Synthes's Trochanteric Fixation Nail and Proximal Femoral Nail infringed U.S. patents held by Smith & Nephew. The patents at issue were U.S. 5,167,663 and U.S. 5,312,406.
Intramedullary nails are put inside a bone to aid in the healing of bone fractures. Smith & Nephew's TRIGEN Nail system is used in the healing of proximal femoral fractures (upper leg bone fractures)
David Illingworth, president of Smith & Nephew Orthopaedics: We are pleased that that court has found all asserted claims in two of our key patents in the intramedullary nails area valid and enforceable. We will continue to protect our intellectual property rights as we develop new and innovative products.
US 5,167,663, issued Dec. 1, 1992, has been cited by 15 US patents. It is based on a continuation of co-pending application Ser. No. 07/337,191, filed Apr. 12, 1989, now abandoned, which is a continuation-in-part of U.S. patent application Ser. No. 06,947,656, filed on Dec. 30, 1986, now U.S. Pat. No. 4,827,917.
US 5,312,406, issued May 17, 1994, has been cited by 9 US patents. It is based on a a divisional application of co-pending U.S. patent application Ser. No. 07/697,155, filed May 8, 1991, now U.S. Pat. No. 5,167,663, which is a continuation of U.S. patent application Ser. No. 07/337,191, filed Apr. 12, 1989, now abandoned, which is a continuation-in-part of U.S. patent application Ser. No. 06/947,656, filed on Dec. 30, 1986, now U.S. Pat. No. 4,827,917.
At the time the litigation started, neither patent would have been considered highly cited. Even in 2005, they are not well-cited. That does not mean they are not important.
Intramedullary nails are put inside a bone to aid in the healing of bone fractures. Smith & Nephew's TRIGEN Nail system is used in the healing of proximal femoral fractures (upper leg bone fractures)
David Illingworth, president of Smith & Nephew Orthopaedics: We are pleased that that court has found all asserted claims in two of our key patents in the intramedullary nails area valid and enforceable. We will continue to protect our intellectual property rights as we develop new and innovative products.
US 5,167,663, issued Dec. 1, 1992, has been cited by 15 US patents. It is based on a continuation of co-pending application Ser. No. 07/337,191, filed Apr. 12, 1989, now abandoned, which is a continuation-in-part of U.S. patent application Ser. No. 06,947,656, filed on Dec. 30, 1986, now U.S. Pat. No. 4,827,917.
US 5,312,406, issued May 17, 1994, has been cited by 9 US patents. It is based on a a divisional application of co-pending U.S. patent application Ser. No. 07/697,155, filed May 8, 1991, now U.S. Pat. No. 5,167,663, which is a continuation of U.S. patent application Ser. No. 07/337,191, filed Apr. 12, 1989, now abandoned, which is a continuation-in-part of U.S. patent application Ser. No. 06/947,656, filed on Dec. 30, 1986, now U.S. Pat. No. 4,827,917.
At the time the litigation started, neither patent would have been considered highly cited. Even in 2005, they are not well-cited. That does not mean they are not important.
posted by Lawrence B. Ebert at 5:52 AM
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