SAN DIEGO, Calif., November 17, 2015 — KFx Medical announced that a petition for writ of certiorari filed by Arthrex was denied by the Supreme Court of the United States. The Supreme Court refused Arthrex’s request for review of a patent infringement judgment in favor of KFx Medical.
In April 2015, KFx Medical announced that the United States Court of Appeals for the Federal Circuit reaffirmed their Jan 20, 2015 ruling upholding a judgment of the United States District Court for the Southern District of California in which a jury found that Arthrex infringed KFx’s U.S. Patent No. 7,585,311 and two other patents, found the patents were valid, and awarded $29 million in damages. The District Court later awarded additional damages and interest to bring the total judgment to over $35 million. Arthrex paid in excess of $35 million to KFx Medical. On September 4, 2016, Arthrex asked the Supreme Court to hear their case.
“The Supreme Court’s ruling has now ended this dispute. KFx has prevailed at each and every step along the way with the superb representation from Joe Jennings, our lead counsel from Knobbe Martens,” remarked Tate Scott. “Small companies can indeed win and defend their intellectual property from much much larger companies. The Supreme Court’s ruling today has confirmed KFx patents are valid and infringed by Arthrex. We will continue to require other infringers to respect our intellectual property.”
KFx is represented by Knobbe Martens of Newport Beach, CA.
About KFx Medical
Headquartered in Solana Beach, Calif., KFx Medical was founded in 2003 to develop products for tissue fixation in a variety of orthopedic surgical procedures performed on the shoulder, knee, foot, and ankle. KFx provides simple systems for orthopedic surgeons focused on sports medicine. The new AppianFx line of implants from KFx reattach tissue to and in bone in shoulder, knee, foot and ankle procedures which combined exceed well over 1 million annual surgical procedures in the United States. Product offerings include those that directly place and secure tissue into bone both with and without the use of sutures.
The company is privately held — investors include Alloy Ventures, Charter Life Sciences, Arboretum Ventures, Montreux Equity Partners, and MB Venture Partners.
W. Tate Scott