U.S. Federal Court Issues Permanent Injunction Against Medtronic's Vertex And Vertex Max Screws

Main Category: Medical Malpractice / Litigation
Also Included In: Medical Devices
Article Date: 21 Dec 2007 - 2:00 PDT

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DePuy Spine, Inc. announced that the U.S. District Court in Boston has granted a permanent injunction against Medtronic that prohibits Medtronic from making, using and selling VERTEX and VERTEX MAX polyaxial screws in the United States effective today.

The Court further ordered that all VERTEX and VERTEX MAX polyaxial screws in the possession of Medtronic's affiliates, subsidiaries and distributors be returned to Medtronic immediately. All consignment and loaner inventory in the possession of any of Medtronic's customers must also be immediately returned to Medtronic under the Court's order.

This ruling comes after a federal jury in Boston found that Medtronic infringed a patent directed to polyaxial screw technology owned by Biedermann Motech GmbH and licensed to DePuy Spine. The jury awarded Biedermann Motech and DePuy Spine $226.1 million in damages following a September 2007 trial.

"We are pleased with the Court's decision which supports the strength of our patent and represents the culmination of seven years of litigation with Medtronic Sofamor Danek," said Gary Fischetti, U.S. President, DePuy Spine, Inc. "We will oppose any effort by Medtronic to appeal the Court's permanent injunction order and are prepared to supply the market with polyaxial screw systems and other products."

About DePuy Spine

DePuy Spine, Inc., a Johnson & Johnson company, has worked and partnered with leading clinicians, researchers, and thought leaders to develop products to treat spine disorders for more than 20 years. The company is committed to advancing the knowledge of all health care professionals and their patients in addressing spinal pathologies.

About Biedermann Motech GmbH

Biedermann Motech GmbH, a developer and supplier of medical and orthopedic products based in Germany, owns the patent at issue, which is exclusively licensed to DePuy Spine.

DePuy Spine