SOURCE: Marathon Patent Group

June 22, 2015 08:41 ET

Marathon Patent Group Announces Favorable Ruling Regarding Patent Validity in MedTech Development Deutschland GmbH's German Litigation Against Stryker GmbH & Co. KG

German Federal Patent Court Issues Favorable Decision Finding All Claims Valid

LOS ANGELES, CA--(Marketwired - Jun 22, 2015) - Marathon Patent Group, Inc. (NASDAQ: MARA) ("Marathon"), a patent licensing company, announced that on June 19, 2015, the Company received a favorable ruling in the nullity action involving the patent EP 1 104 260 B2 (the '260 patent) which is owned by its wholly-owned subsidiary MedTech Development Deutschland GmbH ("MTD", previously owned by Orthophoenix LLC).

The '260 patent had been accused of invalidity by Stryker GmbH & Co. KG ("Stryker Germany"). The five-judge panel at the Federal Patent Court, after carefully considering all facts and arguments brought by Stryker, deliberated and returned with the unrestricted verdict that "All claims are valid."

This ruling, which is subject to a potential appeal to the German Federal Supreme Court, applies, in particular, in the related infringement proceedings of MedTech Development Deutschland GmbH versus Stryker GmbH & Co. KG ("Stryker Germany") concerning medical devices offered by Stryker Germany for the use in kyhpoplasty surgery. Parallel infringement proceedings, which are directly affected by this ruling, are pending against Argomedical GmbH, Joline GmbH & Co., Maxxspine Ltd., Sam Medical GmbH and G-21 s.r.l., Signus Medizintechnik GmbH and PanMed Ltd., Ulrich GmbH & Co.

On October 30, 2014, the Düsseldorf District Court notified MedTech Development Deutschland GmbH that Stryker infringed the German parts of European patent EP 1 938 765 B1 and EP 1 104 260 B2 ('patents in dispute'). The rulings included a provision allowing injunctive relief and damages, as well as the additional grant of claims for destruction of the infringing products and information on the distribution chain.

On November 27, 2014, MedTech Development Deutschland GmbH took all necessary measures to start enforcement of an injunction against Stryker GmbH & Co. KG ("Stryker Germany"). The injunction remains in effect.

"We are pleased that the Düsseldorf District Court found for infringement in its October 30, 2014 ruling, and that now the Federal Patent Court has affirmed the validity of the patents in the Nullity hearing, Stryker will not be able to avail itself of a defense of patent invalidity. This ruling and the continuing injunction have the potential of creating a strong incentive for the parties in dispute to explore and discuss mutual resolution in the form of an equitable licensing agreement," said Doug Croxall, CEO of Marathon Patent Group.

About Marathon Patent Group
Marathon is a patent acquisition and monetization company. The Company acquires patents from a wide-range of patent holders from individual inventors to Fortune 500 companies. Marathon's strategy of acquiring patents that cover a wide-range of subject matter allows the Company to achieve diversity within its patent asset portfolio. Marathon generates revenue with its diversified portfolio through actively managed concurrent patent rights enforcement campaigns. This approach is expected to result in a long-term, diversified revenue stream. To learn more about Marathon Patent Group, visit www.marathonpg.com.

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