Health Company Vies for Declaration of Non-Infringement in Medical Device Controversy

A suit was filed this Wednesday in the Northern District of Illinois against Terry Younger by Hinge Health, Inc. (Hinge). The document comes after correspondence between the two parties that made a infringement controversy between them more evident.

The plaintiff said they previously sent a letter to Hinge, claiming that they infringed on the patent-in-suit through the “manufacturing, marketing, importing, and sale of an apparatus and method for musculoskeletal care.” Younger’s letter, the complaint said, went on to explain that the patent is owned by him and has been infringed upon through the aforementioned actions.

Hinge, in its complaint, maintained that they are not infringing and have not infringed upon any claims made in the patent-in-suit that are also “valid and enforceable.” Their filed complaint expands on this, stating that “Younger’s actions have created a real and immediate controversy between Hinge Health and Younger regarding whether the Accused Products [apparatus and method for musculoskeletal care] infringe any claims of the Patent-in-Suit.”

The plaintiff is requesting a judicial determination to be made regarding the “real, immediate, nd justiciable” controversy between the two parties. The plaintiff is seeking favorable declaratory judgement that their actions do not constitute infringement of the ‘571 patent. The plaintiff is represented by Perkins Coie LLP.