Zimmer Biomet Sued Over Medical Device Patent

On Friday a case filed in the District of Delaware by Extremity Medical LLC alleged that Zimmer Biomet and related companies infringed upon Extremety’s patents for

Extremity Medical is the holder and owner of Patent No. 8,303,589, entitled “Fixation System, an Intramedullary Fixation Assembly and Method Of Use.” The patent, according to the complaint, is for a bone fixation system designed to treat or fixate bones when there are multiple broken segments in close proximity, such as fixating fractures involving the bones in the arch of a foot. The plaintiff claims that they submitted a infringement letter to the defendants upon discovery of the infringing device for sale, however there has not been a license to use the patent and the defendants have not ceased their infringing action.

The plaintiff is suing for infringement of patent and requests declaratory judgment of infringement, injunctive relief preventing further infringement, and damages and attorney fees. They are represented by Ashby & Geddes.