Breach of Patent License Agreement Declaratory Judgment Action Dismissed

On January 31, 2019, the District Court granted Rick Sasso, M.D.’s (“Defendant”) motion to dismiss Warsaw Orthopedic, Inc., Medtronic Inc., and Medtronic Sofamor Danek, Inc.’s (“Plaintiffs”) action requesting declaratory judgment that Plaintiffs did not breach a patent license agreement related to U.S. Patent Nos. 6,287,313 (“the ‘313 Patent”) and 6,562,046 (“the ‘046 Patent”) which were assigned by Dr. Sasso to Medtronic. The District Court found that there would be no purpose served by declaratory judgment as the state court has already entered judgment on similar claims. The ‘313 and ‘046 Patents are related to screw delivery systems used in spinal surgeries.

The case is captioned 3:18-cv-00437 (N.D. Ind.). On February 25, 2019, Plaintiffs filed Appeal No. 19-1583. The appeal remains ongoing.

By:  April Breyer Menon

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