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TriMed filed a patent infringement case against Stryker in early 2006 inthe US District Court, Central District of California in Los Angeles. The suitclaimed infringement of its U.S. Patent No. 5,931,839 ('839 patent), whichprotects the company's Radial Pin Plate and the Ulnar Pin Plate used for thedistal radius (wrist) fractures. TriMed introduced the plates in 1995 for usein reducing distal radius fractures often without a need for a post-surgicalcast. The plates are particularly suited for reducing fractures involvingsmall bone fragments, intra-articular fractures, highly comminuted and/orosteoporatic bone conditions. Following the growing popularity of TriMed'sRadial and Ulnar Pin Plates, Stryker introduced its Radial and Ulnar ColumnPlates in 2003.
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In 2007, before the scheduled trial, Stryker's motion for summary judgmentwas granted by the district court, and was immediately appealed by TriMed. TheJanuary 2008 Appellate Court decision both reversing the earlier decision andsends the case back to the district court for a full trial on the merits. Thisalso provides TriMed with a favorable patent interpretation ruling, which thedistrict court must apply. The Appellate Court's decision includes thefollowing legal ruling: "Locking a pin to the plate is simply not arequirement of TriMed's Patent language as claimed by Stryker. The (Patent)specification discloses an embodiment that has precisely the same structurethat is found in the accused devices."
TriMed is seeking a permanent injunction of Stryker from further use orsale of its Radial and Ulnar Column Plates. In addition, the company alsoseeks monetary damages due to Stryker's infringement.
The case will likely proceed to trial in 2008.
About TriMed, Inc.:
TriMed, Inc., a leader in the advancement of innovative orthopaedicfixation systems and specializes in small fragment fracture fixation, holdsnumerous patents within the field. It is headquartered in Valencia, CA withoffices in Walpole, MA and Sweden.
SOURCE TriMed, Inc.
