Fusion Orthopedics, LLC has won a significant victory following a decision by the United States Patent and Trademark Office's (USPTO) Patent Trial and Appeal Board (PTAB). The PTAB ruled that 14 claims of U.S. Patent No. 11,298,166 (the ‘166 patent), filed by Extremity Medical, LLC, are invalid.

Additionally, the PTAB denied Extremity Medical’s attempts to amend the claims. As a result, dependent claim 11 of the ‘166 patent was also found to be invalid. This ruling strongly suggests that any further attempts by Extremity Medical to enforce these claims may be seen as bad faith, potentially leading to sanctions.

The ‘166 patent, filed by Extremity Medical in 2021, appeared to target Fusion Orthopedics' IntraLock device, which was launched in 2019. Fusion Orthopedics believes that Extremity Medical’s actions were intended to harass the company and force an unjust settlement.

In April 2023, Extremity Medical filed a patent infringement lawsuit against Fusion Orthopedics, which the company views as an attempt to hinder its growing presence in the foot and ankle market.

Extremity Medical has also aggressively pursued similar claims against other companies in the industry, including Zimmer Biomet and Paragon 28. In the case against Zimmer Biomet, Extremity Medical was sanctioned for filing frivolous claims and ordered to pay $52,573 in legal fees. Fusion Orthopedics may pursue similar legal action to recover costs in the future.

Fusion Orthopedics believes that Extremity Medical, under the leadership of CEO Matthew Lyons, has a history of using invalid patents to intimidate and extract settlements from competitors.

Fusion Orthopedics is committed to challenging these practices and stands by its IntraLock product, which it sees as an important innovation in the field of foot and ankle orthopaedic devices. The company is determined to defend itself against any further groundless patent claims, while continuing to respect the legitimate intellectual property of others.




Source: businesswire.com

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