Billerica, Massachusetts-based ConforMIS, Inc. has reached a $15 million settlement with Kalamazoo, Michigan-based Stryker Corporation, Memphis, Tennessee-based Wright Medical Technology, Inc., and Bloomington, Minnesota-based Tornier, Inc (collectively the “Stryker Parties”) to resolve patent infringement allegations.
Last year, ConforMIS filed a patent infringement lawsuit against Wright Medical and Tornier. Later that year, Stryker completed its acquisition Wright Medical and Tornier. For OTW’s initial coverage of the acquisition, see “Stryker to Buy Wright Medical for $5.4 Billion.”
The litigation involved four ConforMIS patents: U.S. patent number 8,460,304, entitled “Joint Arthroplasty Devices and Surgical Tools”; U.S. patent number 9,295,482, entitled “Patient Selectable Joint Arthroplasty Devices and Surgical Tools”; U.S. patent number 8,623,026, entitled “Patient Selectable Joint Arthroplasty Devices and Surgical Tools Incorporating Surgical Relief”; and U.S. patent number 9,326,780, entitled “Patient Selectable Joint Arthroplasty Devices and Surgical Tools Incorporating Anatomical Relief.”
ConforMIS alleged that Wright Medical’s line of shoulder arthroplasty systems that include patient-specific instruments (PSI) for use with its shoulder implants infringed on ConforMIS patents. Namely Wright Medical’s BLUEPRINT™ 3D Planning + PSI products.
The ConforMIS complaint also referenced past litigation between ConforMIS and Wright Medical involving U.S. patent number 8,460,304 (mentioned above). The past litigation was resolved via settlement with ConforMIS granting Wright Medical a license to its patent portfolio. However, the license was limited to “patient-specific instrumentation for implanting non-patient-specific devices in the foot or ankle.” It did not provide rights to devices in the shoulder. For OTW’s coverage of the past litigation and settlement, see “Wright Medical Cleans Up ConforMIS Knee and Ankle Patent Suit.”
The Stryker Parties and ConforMIS agreed to resolve the matter for a one-time $15 million payment and a non-exclusive license to certain ConforMIS patents.
ConforMIS issued a press release announcing the settlement. In the press release, ConforMIS President and CEO Mark Augusti commented, “We are pleased to have resolved all of the ongoing patent litigation related to the Wright Medical dispute. The settlement once again highlights the strength and value of our intellectual property, as well as our steadfast commitment to protecting and enforcing it.”
