Memorandum and order on claim construction issued in Bonutti Skeletal Innovations v. DePuy Mitek LLC

May 2, 2014 – District Judge Richard G. Stearns of the United States District Court of the District of Massachusetts issued a memorandum and order on claim construction in litigation between Bonutti Skeletal Innovations and DePuy Mitek LLC, DePuy Institute LLC, DePuy Inc., and DePuy Orthopaedics, Inc (collectively “DePuy”). Judge Stearns construed the following claim terms: “articulating surface of the patella,” “customized cutting guide fabricated for the patient,” “suture anchor means,” “means for defining a passage having first and second opening in said side portion of said suture anchor means,” “surface means for piercing an imperforate surface area on body tissue,” and “predetermined tension.” Plaintiff Bonutti had filed suit in September 2012 against DePuy for infringement of six related patents directed to suture anchors and methods (U.S. Patent Nos. 5,527,343, ,087,073, 5,718,717, and 5,980,559), and methods and instrumentation for knee replacement surgery (U.S. Patent Nos. 6,702,821 and 7,806,896). On January 15, 2013, Bonutti filed an amended complaint, which additionally included an infringement count of U.S. Patent No. 8,133,229, directed to a method for knee-replacement surgery.

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