Declaratory judgment Plaintiff permitted to amend complaint

April 29, 2015 – The court granted declaratory judgment plaintiff, Biomet Inc., its motion to amend its complaint to add inequitable conduct claims because the court found that the patentee “failed to disclose to the PTO relevant articles and his prior practices.”  The patents-at-issue are U.S. Patent Nos. 7,708,740, 7,806,897, and 8,133,229, which generally relate to techniques of performing partial and total knee replacement surgery, and U.S. Patent Nos. 7,828,852 and 7,931,690, which relate to inserting a porous or textured hip implant to allow bones to grow into the implant.  The case is captioned Biomet Inc. v. Bonutti Skeletal Innovations LLC and is pending in the Northern District of Indiana, South Bend Division, 13-CV-176 JVB.

By:  Christopher J. Stankus

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