June 23, 2016 – On June 15, Judge Mosman of the District Court of Oregon granted in part Smith & Nephew’s motion for summary judgment that certain of defendant Arthrex’s suture anchors infringed plaintiff’s asserted suture anchor patent. The court found that “no reasonable factfinder would find more than a colorable difference” between the accused products and defendant’s suture anchors previously adjudged to infringe the patent in a prior litigation between the parties. The court also granted plaintiff’s motion for summary judgment to apply the reasonable royalty rate from the prior litigation to the defendant’s ongoing infringement by the accused products.
The asserted patent is U.S. Patent No. 5,601,577, entitled “Anchoring and Manipulating Tissue.” The case is captioned Smith & Nephew, Inc. et al v. Arthrex, Inc., Docket No. 3-08-cv-00714, in the Oregon District Court.
By: Sean C. McDonagh