KFx announced that it has been awarded a third patent (US 9,414,835 (‘835)) for self-punching or self-tapping orthopedic anchors that eliminate the need to drill a hole prior to insertion. US (‘835) is part of the family of patents that are the subject of KFx’s pending patent infringement suit against Arthrex, a Naples, Florida based company.
In April 2015 KFx announced that the United States Court of Appeals for the Federal Circuit reaffirmed their ruling upholding a judgment of the United States District Court for the Southern District of California that Arthrex infringed three valid KFx patents for double-row rotator cuff repair. The total judgment in favor of KFx amounted to over $35 million. In the April 2015 ruling the Appeals Court denied Arthrex’s petition for en banc rehearing and issued a mandate to enforce the judgment. Arthrex thereafter paid in excess of $35 million to KFx. In November 2015 KFx announced that a petition for writ of certiorari filed by Arthrex was denied by the Supreme Court of the United States.
Separately, Arthrex filed suit on July 31, 2015 versus KFx and Dr. Joe Tauro alleging various claims. KFx and Dr. Tauro denied the allegations. Previously KFx had announced that it considered the Arthrex lawsuit baseless. The Court agreed and promptly dismissed Arthrex’s claims. In addition, KFx asserted new counterclaims for patent infringement based on Arthrex’s infringement of two KFx patents for self-punching orthopedic anchors that eliminate the need to drill a hole prior to insertion. The KFx counterclaims remain pending. A trial date has not yet been set.
“We are pleased to have the USPTO award the ‘835 patent to add to our family of self-punching or self-tapping anchors. This further supports our pending case versus Arthrex,” remarked Tate Scott, president and CEO of KFx.
Cooley LLP is General Counsel to KFx.
Headquartered in Solana Beach, Calif., KFx Medical was founded in 2003 to develop products for tissue fixation in a variety of orthopedic surgical procedures performed on the shoulder, knee, foot, and ankle. KFx provides simple systems for orthopedic surgeons focused on sports medicine.
W. Tate Scott, 619-742-2010