NAPLES, FL., (June 20, 2011) ‐ Today, the Court of Appeals for the Federal Circuit in Washington,D.C., overturned an Eastern District of Texas judgment against Arthrex, Inc. brought by Englishconglomerate Smith & Nephew, Inc. (“S&N) involving Arthrex’s RetroButton ACL graft fixationproduct. Even though four of five claims against Arthrex were dismissed prior to trial, and theclaim of willful infringement dismissed by Judge T. John Ward during trial, S&N continued topursue Arthrex. The Appeal decision wipes away a jury award of $4.7 million and dismisses theentire action against Arthrex.
“This was a victory for medical innovation and common sense” said John W. Schmieding,Arthrex’s General Counsel. “Arthrex is resolved to continue its focus on fair and legal medicaldevice innovation, and this ruling supports that mission. “ Schmieding said. “In dismissing theaction, the Federal Circuit stated “Because there is no evidence of record supporting the jury’sverdict that the RetroButton infringes the ‘588 patent, JMOL is appropriate, and we mustreverse.”
Arthrex, headquartered in Naples, Florida, is a worldwide leader in sports medicineproduct development and educational services for orthopaedic surgeons. Over 5,000 productsfor arthroscopic and minimally invasive orthopaedic surgical procedures have been developedby Arthrex and are currently marketed worldwide. For more information, visitwww.arthrex.com.###
