Navigation Links
District Court Sides with Smith & Nephew; Rules that It will Issue Injunction that will Prohibit Arthrex Inc. from Selling Infringing Medical Devices

ANDOVER, Mass., Oct. 29 /PRNewswire-FirstCall/ -- A US District Court judge in Oregon yesterday ruled that it will grant Smith & Nephew (NYSE: SNN; LSE: SN) Endoscopy's request for an injunction that will prohibit privately held Arthrex Inc. of Naples, Fla., from manufacturing or selling medical devices that infringe a patent exclusively licensed to Smith & Nephew by Dr. John O. Hayhurst of Portland, Ore.

A jury determined in June that Arthrex willfully infringed this patent by marketing and selling Bio-SutureTak, PEEK SutureTak, Bio-PushLock and PEEK PushLock suture anchors (see Editors Note) used in various minimally invasive soft tissue repair surgeries, and awarded Smith & Nephew Endoscopy $14.7 million for past infringement through 2005.

The court ruled in our favor, and effective 60 days after the Court enters final judgment -- expected sometime around the end of the year -- Arthrex must stop manufacturing and selling the infringing Bio-SutureTak and PEEK SutureTak anchors.

The injunction will not affect sales of current Arthrex PushLock anchors. During the case Arthrex stopped selling the infringing first generation PushLock anchors and replaced them with modified PushLock Anchors. Smith & Nephew and Dr. Hayhurst have filed a second lawsuit against Arthrex seeking an injunction against the newer versions of PushLock anchors as well as Arthrex's Bio-Composite SutureTak anchors.

"We are pleased that the judge has granted our request for an injunction," said Michael Frazzette, president of Smith & Nephew Endoscopy. "Smith & Nephew remains committed to defending its intellectual property and the hard work of the surgeons who partner with us in developing and commercializing these innovative tools and techniques for the ultimate benefit of the patient."
In addition to granting Smith & Nephew's injunction, the judge:

-- Granted prejudgment interest in the amount of $1.5 million

-- Ruled that the court will award additional damages for Arthrex's

infringement after 2005

-- Also ruled that the Oregon federal district court will not stay the

injunction pending Arthrex's appeal

Editors note:

The disputed patent covers use of Smith & Nephew's BIORAPTOR, TAG(TM) WEDGE, and TAG ROD suture anchors, which are designed to help repair instability in the shoulder as well as other soft tissue tears. The Arthrex products that were found to infringe these patents are: Bio-SutureTak, PEEK SutureTak, and Bio-PushLock and PEEK PushLock suture anchors which are used in various soft tissue repair surgeries, including shoulder repair surgery.

Contact: Joe Metzger

Sr. Vice President, Corporate Communications

Smith & Nephew Endoscopy

(978) 749-1330

About Us

Smith & Nephew is a global medical technology business, specializing in Orthopaedic Reconstruction, Orthopaedic Trauma and Clinical Therapies, Endoscopy and Advanced Wound Management products. Smith & Nephew is a global leader in arthroscopy and advanced wound management and is one of the leading global orthopaedics companies.

Smith & Nephew is dedicated to helping improve people's lives. The Company prides itself on the strength of its relationships with its surgeons and professional healthcare customers, with whom its name is synonymous with high standards of performance, innovation and trust. The Company operates in 32 countries around the world. Annual sales in 2007 were nearly $3.4 billion.

Forward-Looking Statements

This press release contains certain "forward-looking statements" within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. In particular, statements regarding planned growth in our business and in our operating margins discussed under "Outlook" are forward-looking statements as are discussions of our product pipeline. These statements, as well as the phrases "aim", "plan", "intend", "anticipate", "well-placed", "believe", "estimate", "expect", "target", "consider" and similar expressions, are generally intended to identify forward-looking statements. Such forward- looking statements involve known and unknown risks, uncertainties and other important factors (including, but not limited to, the outcome of litigation and regulatory approvals) that could cause the actual results, performance or achievements of Smith & Nephew, or industry results, to differ materially from any future results, performance or achievements expressed or implied by such forward-looking statements. Please refer to the documents that Smith & Nephew has filed with the U.S. Securities and Exchange Commission under the U.S. Securities Exchange Act of 1934, as amended, including Smith & Nephew's most recent annual report on Form 20F, for a discussion of certain of these factors.

All forward-looking statements in this press release are based on information available to Smith & Nephew as of the date hereof. All written or oral forward-looking statements attributable to Smith & Nephew or any person acting on behalf of Smith & Nephew are expressly qualified in their entirety by the foregoing. Smith & Nephew does not undertake any obligation to update or revise any forward-looking statement contained herein to reflect any change in Smith & Nephew's expectation with regard thereto or any change in events, conditions or circumstances on which any such statement is based.

(TM)Trademark of Smith & Nephew. Certain Marks Reg. U.S. Pat. & T.M. Off.

SOURCE Smith & Nephew Inc.
Copyright©2008 PR Newswire.
All rights reserved

Related biology technology :

1. District Judge Dismisses Shareholder Suit Related to Boston Scientific
2. Ventria Receives Friends of Education Award From Geary County School District
3. U.S. District Court Decision About Eisais Legal Action Over Aricept ODT(R) ANDA Filing
4. Boston Scientific Announces Court Decision
5. Concerned Shareholders of Biovail Pleased with Court Order for Biovail AGM
6. Wyeths Motion to Overturn Punitive Damages Award Granted by Arkansas Court
7. Concerned Shareholders of Biovail seek court order declaring Biovail AGM illegally convened;
8. Court Determines that University of Pittsburgh and Artecel Have Sole Rights to Adipose-Derived Stem Cell Patent
9. Retired Supreme Court Justice Sandra Day OConnor and Former House Speaker Newt Gingrich Address Senate Special Committee on Aging, Calling for Urgent Action Against Alzheimers Disease
10. Results of Court Meeting and Extraordinary General Meeting - Shareholders Approve Scheme of Arrangement and New Share Plans
11. AstraZeneca Response to February 21, 2008 Ruling In Re: Alabama Medicaid Pharmaceutical AWP Litigation - cv2005-219 - Circuit Court of Montgomery, Alabama
Post Your Comments:
(Date:11/24/2015)... HILLS, N.J. (PRWEB) , ... November 24, 2015 , ... ... as the recipient of the 2016 USGA Green Section Award. Presented annually since 1961, ... golf through his or her work with turfgrass. , Clarke, of Iselin, ...
(Date:11/24/2015)... ... November 24, 2015 , ... Copper ... unless it is bound to proteins, copper is also toxic to cells. With ... Worcester Polytechnic Institute (WPI) will conduct a systematic study of copper in the ...
(Date:11/24/2015)... November 24, 2015 --> ... research report "Oligonucleotide Synthesis Market by Product & Services ... Synthesis, Diagnostic, DNA, RNAi), End-User (Research, Pharmaceutical & Biotech, ... MarketsandMarkets, the market is expected to reach USD 1,918.6 ... at a CAGR of 10.1% during the forecast period. ...
(Date:11/24/2015)... , November 24, 2015 ... recent market research report released by Transparency Market Research, ... expand at a CAGR of 17.5% during the period ... Testing Market - Global Industry Analysis, Size, Volume, Share, ... global non-invasive prenatal testing market to reach a valuation ...
Breaking Biology Technology:
(Date:10/29/2015)... , Oct. 29, 2015  Connected health pioneer, ... driving the explosion of technology-enabled health and wellness, and ... new book, The Internet of Healthy Things ... sensors or smartphones even existed, Dr. Kvedar, vice president, ... of health care delivery, moving care from the hospital ...
(Date:10/27/2015)... Calif. , Oct. 27, 2015 Synaptics Inc. ... solutions, today announced that Google has adopted the Synaptics ... touch controller solutions to power its newest flagship smartphones, ... by Huawei. --> ... like Google to provide strategic collaboration in the joint ...
(Date:10/23/2015)... and GOLETA, California , October 23, ... BIOPAC and SensoMotoric Instruments (SMI) announce a mobile plug ... data captured during interactive real-world tasks SensoMotoric ... integration of their established wearable solutions for eye tracking ... gaze behavior captured with SMI Eye Tracking Glasses ...
Breaking Biology News(10 mins):