SOURCE: Acumed

December 12, 2007 12:23 ET

Federal Court Issues Permanent Injunction Precluding Stryker Corporation From Further Infringement of Acumed's Patent

PORTLAND, OR--(Marketwire - December 12, 2007) - Today, Judge Anna J. Brown of the United States District Court for the District of Oregon issued a permanent injunction against Stryker Corporation, prohibiting Stryker from further sales of its T2 Proximal Humeral Nail used in the treatment of shoulder fractures. As a leader in the development and manufacturing of innovative medical orthopedic solutions, Acumed takes a strong position in upholding intellectual property.

In September of 2005, a jury found that Stryker's product infringed the patent (U.S. Patent No. 5,472,444) of Acumed, LLC of Hillsboro, Oregon. Stryker appealed that ruling, and in June of 2007, the Federal Circuit affirmed the jury's verdict of willful infringement, and remanded the case for a determination by Judge Brown as to whether a permanent injunction should issue.

According to the evidence presented at trial, Acumed's invention, the Polarus® Humeral Rod, was a commercial success, and helped build the company. Stryker, the world's largest medical implant company, had no product in the proximal humeral nail market. Acumed rebuffed Stryker's acquisition inquiry in 2002, and thereafter, Stryker set out to copy Acumed's invention and drive it out of the very market it created.

In issuing a permanent injunction against Stryker, Judge Brown ruled: " the exercise of its discretion and based on the four factors set out in eBay, the Court concludes a permanent injunction should issue against the Defendants in this case, and therefore, grants Acumed's Motion for Entry of Permanent Injunction." Acumed's President, Alan Kozlowski, expressed satisfaction with the ruling. "It can be intimidating when the largest player in the marketplace targets you. We can handle legitimate competition, but they took our invention."

The case is Acumed v. Stryker, No. 04-CV-513 (D.Ore). Acumed was represented by Paul K. Vickrey, Robert A. Vitale, Richard J. Megly, Jr. and Frederick C. Laney of Niro, Scavone, Haller & Niro. Stryker was represented by Timothy J. Malloy, Gregory J. Vogler, Sharon A. Hwang and Peter J. Prommer of McAndrews, Held & Malloy.

Contact Information

  • Contact:
    Alan Kozlowski

    Paul K. Vickrey