The orthopedic industry traditionally sees significant levels of intellectual property litigation activity, and this year has been no different. One source of this activity comes from Conformis who has continued to assert patents directed towards surgical planning and patient specific instruments and implants. In 2021, Conformis filed three new complaints, settled one case, and continued another litigation. These cases have involved various companies, including DePuy Synthes, Exactech, Bodycad, Wright Medical, and Medacta.

Decisions and settlements have also been reached in several additional lawsuits relating to diverse technologies, such as bone plates, knee implants, and pedicle screws. TriMed, Arthrex, Medacta, and Zimmer are some of the companies that have been parties to these lawsuits. Alternative forums, including the use of Inter Partes Review, have also continued to play significant roles for both patent holders and challengers.

Several attorneys from Knobbe Martens – including Andrew Douglas, Jessica Achtsam, Michael Christensen, Kregg Koch, Christy Lea and Sabing Lee – presented a webinar on August 26, 2021, to discuss notable decisions from recent orthopedic and spine intellectual property litigations. The webinar was prepared in anticipation of the 2021 Annual Meeting of the American Academy of Orthopaedic Surgeons and the 36th Annual Meeting of the National Association of Spine Specialists and included topics such as:

• an analysis of claim types asserted by Conformis against patient specific implant and instrument technologies and how these claims have been enforced against and challenged by many prominent orthopedic companies;
• how statements made by a patent holder can limit the scope of their claims in litigation;
• how small companies can leverage their patents to derive licensing revenue;
• trade secret issues that can arise at industry meetings;
• how prolific doctor inventors have built and enforced large patent portfolios;
• remedies for IP disputes outside the United States; and
• strategies for using patents defensively as part of a countersuit strategy.

The full webinar is available for viewing at this web link.

The post IP Litigation Remains Active in the Orthopedic and Spine Industries appeared first on Knobbe Medical.

Okay. I’m going to get through the Vergeway Chapters at my own pace (hopefully one per week). Here’s Vergeway Chapter 2. Please level up your cards as fast as possible. If the technique doesn’t work, you need to unlock more chests. Vergeway Chapter 2 Stage 1 Start with 35 Aether...

The post Walkthrough for Vergeway Chapter 2 appeared first on Marks Angry Review.

Can certain specific medical device details remain company know-how or protected trade secrets even if patents are pursued on the medical device?  Consider the Seventh Circuit’s commentary in its August 9, 2021 decision upholding a preliminary injunction in the Life Spine, Inc. v. Aegis Spine, Inc. case.  The preliminary injunction prohibits Aegis from selling or marketing its competing AccelFix product (shown below, right) until the case is resolved on the merits.

In 2019, Life Spine sued Aegis, a former distributor of Life Spine’s ProLift^® expandable spacers (shown below, left) used in spinal surgeries, for, among other things, misusing its trade secrets.

Aegis argued in appealing the preliminary injunction that the district court erred in concluding that information about the ProLift device could remain a protected trade secret after Life Spine patented, displayed, and sold the device to hospitals and surgeons.  However, the Seventh Circuit held that “Aegis does not come close to showing that [the district court’s] finding was clear error.”  The Seventh Circuit stated that Aegis had not proven that Life Spine’s patent materials disclose the “exact dimensions and measurements of every ProLift component.” In addition, the Seventh Circuit stated that “those who attend ProLift displays do not have unfettered access to the device” and that “the only purchasers of the ProLift are hospitals and surgeons, who purchase the device for use in scheduled surgeries.”

Regarding the patent materials, a figure of which is shown below, the Seventh Circuit noted that “Life Spine’s patent did not disclose the precise specifications of the ProLift” devices.  The Seventh Circuit recognized that such dimensions could only be learned by someone who has access to the device and sophisticated measurement technology.  As for public displays, the Seventh Circuit noted that Life Spine representatives supervise those who attend ProLift displays as they handle the devices.

Regarding sales of the ProLift device, the Seventh Circuit noted that Life Spine or its distributors ship the ProLift in sealed boxes and that the surgeries are overseen by Life Spine representatives or distributors.  The Seventh Circuit further noted that “it seems doubtful that the hospitals or surgeons purchasing the device . . . would secretly unpackage the device [and] measure all its components with specialized measurement technology” and that it “seems even more unlikely that a device would be removed from a patient’s body and then reverse engineered.”

Following this decision, the case will return to the United States District Court for the Northern District of Illinois to continue on the merits.

The post Medical Device Trade Secret Not Publicly Disclosed via Patenting, Displaying, and Selling Covered Product, 7th Cir. Affirms appeared first on Knobbe Medical.

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Comic books have been keeping us entertained for centuries. From Popeye to Superman, these stories reflect the society we live in. However, if we have a closer look at some of their magic powers, we may see some recognisable substances. Could Popeye’s spinach be a substitute for cannabis? Or Superman’s kryptonite, a subtle reference to methamphetamines?

The post 12 Comic Book Characters & Cannabis: From Popeye to the Superheroes appeared first on Sensi Seeds.

A Comprehensive Guide to Preventing B2B Payments Fraud

The FBI reported that Business Email Compromise (BEC) and invoice fraud has cost U.S. businesses more than $2 billion between 2014 and 2019 through BEC scams. These events have been reported in all 50 states and in 177 countries.

If businesses and corporate finance professionals do not find a way to mitigate the risk of email and invoice fraud quickly, we could see twelve-figure losses in the not too distant future. That’s why we’ve created a comprehensive guide to help you reduce the risk of invoice and email fraud in 2021 and beyond.

First, we’ll take a look at the primary reasons why invoice and email fraud are on the rise, and then we’ll outline seven ways to avoid it. Like all things, protection starts by understanding the root cause. 

Esports organizations participating in Mobile Legends could be forced to drop or never sign a team for Wild Rift due to a signed exclusivity contract with developer Moonton (owned by short-form video app TikTok), according to a report by Wild Rift news outlet WRCompetitive. Team Secret CEO John Yao weighed in on the report on […]

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For years, video games development has been one of the fastest growing sectors of the entertainment industry, Anna Piechówka, IP Counsel at industry leader, CD PROJEKT RED, takes a closer look at some of the specific challenges that this complex medium presents for IP protection.

An overview of ways smaller businesses can draw on IP rights to protect and manage their IP assets and some of the complex issues that can arise.

This year, A Plague Tale: Requiem was announced. It’s the sequel to A Plague Tale: Innocence, a game that took everyone by surprise. Despite...

  Were you looking to introduce yourself to a new fighting game as Brawlhalla in 2021? Maybe you found it accidentally… Someone told you about it… Or you play it already. Whatever the case, we might answer one or many of your game-related questions today.   Review: What is Brawlhalla? Is It Worth It In […]

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