SAN DIEGO, Calif., Oct 16, 2012 — KFx Medical Corporation announced that the United States District Court ruled all 6 of the 6 disputed claims in favor of KFx in the case of patent infringement that KFx brought against Arthrex.
On August 1, 2011, KFx filed the complaint against Arthrex alleging claims of induced and contributory infringement of United States Patent Number 7,585,311 (“the ‘311 Patent”). Since that time KFx has been awarded an additional three patents covering knotless double row repair, two of which were added to the suit versus Arthrex (United States Patent Numbers 8,100,942 (“the ‘942 Patent”) and 8,109,969 (“the ‘969 Patent”).
The purpose of a Markman hearing is for the court to determine the meaning and scope of the patent claims that the plaintiff asserts are being infringed. In KFx’s lawsuit, the meaning of six terms used in the ‘311, ‘942, and ‘969 patents was contested by Arthrex . In each instance, U.S. District Judge Dana M. Sabraw ruled in KFx’s favor regarding how those terms should be properly construed at trial.
“Clearly we are pleased with the results. Our counsel, Joe Jennings and his firm Knobbe Martens simply did a spectacular job in reducing highly complicating technical issues to their most simple and legally correct essence. After considering the briefs, materials, and arguments provided by both parties the Court ruled that the disputed claims will be interpreted in their plain and ordinary meaning and rejected Arthrex’s attempt to limit the scope and other interpretations of those claims,” indicated Tate Scott, president and CEO. “This confirms the tremendous support by our investors and we will continue to defend our intellectual property. Previously the ‘311 patent was unsuccessfully challenged by an anonymous third party in an ex-parte re-exam by the United States Patent Office. There, like here, the anonymous party’s assertions were completely rejected.”
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.
About KFx Medical
KFx Medical Corporation, a privately held company headquartered in Carlsbad, CA, develops industry-changer sports medicine procedures and products for orthopedic surgeons. Founded in 2003, KFx Medical has brought to market innovative tissue fixation implants and bone anchors used in a variety of orthopedic surgical procedures performed on the shoulder, knee, foot, and ankle including SutureCross® (rotator cuff) and AppianFx™ (biceps). The company is backed by Alloy Ventures, Arboretum Ventures, Charter Life Sciences, MB Venture Partners and Montreux Equity Partners. For more information visit: www.KFxMedical.com.
KFx Medical Corporation
Tate Scott, 760-444-8820
President & CEO