Smith & Nephew, Inc. v. Arthrex, Inc.

On February 14, 2017, Smith & Nephew, Inc. (“Plaintiff”) and Arthrex, Inc. (“Defendant”) settled a 12-year dispute over U.S. Patent No. 5,601,557 (“the ‘557 Patent”).  The original underlying case was filed by the Plaintiff on January 12, 2004.  In this case, the Plaintiff brought suit against the Defendant, asserting infringement of the ‘557 Patent, which is drawn to anchors that connect medical sutures to bone.  The case has involved three separate trials, as well as three Federal Circuit rulings, and a few trips to the Supreme Court.  A final trial was scheduled to begin on February 13, 2017, but the judge vacated the trial date on February 10th and a stipulation of dismissal was filed by the parties on February 13th.  This case remains pending and is captioned 3-04-cv-00029.

By: Jacqueline A. DiRamio

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