Arthrex Files Certiorari Petition Concerning Obviousness Issue

September 21, 2015 – On September 4, 2015, Arthrex Inc. requested the Supreme Court reverse a Federal Circuit decision upholding a $29 million award to KFx Medical Corporation.  The litigation relates to an infringement against Arthrex Inc. in the U.S. District Court for the Southern District of California of three patents addressed to systems and surgical methods for securing soft tissue to rigid materials such as bone.  The patents at issue are U.S. Patent Nos. 7,585,311, 8,100,942 and 8,109,969, each of which is entitled “System and method for attaching soft tissue to bone.”  The petition asks the Supreme Court to resolve whether obviousness is an issue to be determined by juries and whether the determination regarding “reasons to combine” prior art references is a factual issue for the jury.  The case, Arthrex Inc. v. KFx Medical Corp., C.A. 15-291 is pending before the Supreme Court.

By: Ketan V. Patel

 

View Attachment (PDF)