Smith & Nephew and ArthroCare File IPRs Against Arthrex Related to Suture Anchor Patents

January 28, 2016 – Smith & Nephew, Inc. and ArthroCare Corp. filed four petitions for inter partes review against patent owner Arthrex, Inc. on January 27, 2016 related to Arthrex’s patents for suture anchor technology.  The patents at issue are U.S. Patent No. 8,343,186, entitled “Fully Threaded Suture Anchor with Transverse Anchor Pin,” and U.S. Patent Nos. 8,623,052 and 8,801,755, both entitled: “Suture Anchor.”  These patents are the subject of Case IPR2016-00505 (’186 patent), Case IPR2016-00506 (’052 patent), Case IPR2016-0507 (’755 patent), and Case IPR2016-00508 (’755 patent).  Smith & Nephew and ArthroCare are challenging the claims of Arthrex’s patents on the grounds of obviousness.  Smith & Nephew, ArthroCare, and Arthrex are currently involved in the district court action Arthrex, Inc. v. Smith & Nephew, Inc. et al., Civil Action No. 2:15-cv-01047 (E.D. Tex.), involving the same patents.  The patented technology relates to suture anchor assembly, medical devices that are used to attach soft tissue to bone.

By: Frederick C. Millett