San Antonio based medical device company BioMedical Enterprises, Inc. (“BME”) recently announced that the company will move to defend its intellectual property for some of its orthopedic technologies by filing a patent infringement lawsuit against Solana Surgical, LLC, a Memphis, Tennessee based company.
The lawsuit, which was filed on January 30, 2014 in the United States District Court for the Western District of Texas by Fish & Richardson, P.C. on behalf of BME, claims that Solana’s FuseFORCE Fixation System line of products has infringed and continues to infringe on BME’s United States Patent No. 8,584,853 (the “‘853 Patent”), and that the company has suffered sales damage because of the infringement.
Keith M. Peeples, President and CEO of BME, made the case for the lawsuit by underscoring the company’s due diligence in ensuring its orthopedic technologies have been properly and thoroughly patented: “Through great effort and ingenuity, BME has secured strong intellectual property rights to cover our unique bone healing technologies, and we will do all in our power to protect those rights.”
BME’s legal approach is to ask the court to cease sales of their products and pay compensation to the company: the court filing specifically seeks to “permanently enjoin Solana from further infringing the claims of the ‘853 patent, require Solana to withdraw from distributing all infringing products, and to award damages adequate to compensate BME for the damages it has suffered as a result of Solana’s willful infringement,” according to a company press release.
BME’s orthopedic implants feature a novel design, and are fabricated from Nitinol, a nickel-titanium alloy. This alloy changes shape when exposed to predetermined temperatures in order to provide fixation of bone or soft tissue to bone. The implant technology come in sterile ready-to-use packaging for various procedures and markets under several brands, including Speed™, HammerLock®, OSStaple™, OSSforce™, and Speed™ Continuous Active Compression System.
Solana Surgical was not immediately available for comment on the matter.
Stay tuned to BioNews Texas for updates to this breaking news story out of San Antonio.