Motion for judgment on the pleadings in orthopedics patent case granted in part, denied in part

July 5, 2018 – Hudson Surgical Design, Inc. owns US patent 7,344,541 entitled “Methods and Apparatus for Femoral and Tibial Resection,” which pertains to minimally invasive knee arthroplasty. Biomet, Inc. also designs and distributes surgical techniques for minimally invasive knee arthroplasty, and in 2010, Hudson sued Biomet for infringement of the ‘541 patent. Biomet sought reexamination of the ‘541 patent before the USPTO, during which 40 claims of the ‘541 patent were cancelled as encompassing unpatentable subject matter. The United States District Court for the Northern District of Indiana now grants Biomet’s motion for judgment on the pleadings that the 40 claims that were cancelled are unenforceable, based on Federal Circuit precedent that states that “when a claim is cancelled, the patentee loses any cause of action based on that claim.” However, the court denied Biomet’s motion for judgment on the pleadings that plaintiff’s contributory infringement claim was insufficiently pleaded, and Biomet’s motion for judgment on the pleadings on plaintiff’s willful infringement claims. The case is 10-cv-04459 and in the United States District Court for the Northern District of Indiana.

By: Laya Varanasi