Patent Fight: Extremity Medical vs Fusion Orthopedics

Parsippany, New Jersey-based Extremity Medical, LLC, an orthopedic device company, has filed a patent infringement lawsuit against Mesa, Arizona-based Fusion Orthopedics, LLC, an extremity surgical solutions company.

Founded in 2008, Extremity Medical “develops next-generation products for fusion, fixation and motion-preserving systems for the upper and lower extremities of the human body, including the hands and feet.”

Extremity Medical alleges that from 2011 to 2019, Nathan Peterson worked at Extremity Medical as a sales representative. It claims that while Peterson was still employed at Extremity Medical, Peterson founded Fusion Orthopedics in 2014. Peterson is still president of Fusion Orthopedics. It further asserts that because of Peterson’s employment with Extremity Medical, Peterson gained detailed information from Extremity Medical about its products, including its IOFiX line of products.

The patent at issue is U.S. Patent No. 11,298,166, entitled “Fixation System, an Intramedullary Fixation Assembly and Method Of Use.” Extremity Medical is claiming that since its founding, Fusion Orthopedics has modeled its own products after Extremity Medical’s products. Most recently, it asserts that Fusion Orthopedics has released a product that includes elements of its IOFiX products.

In a press release, Extremity Medical CEO, Founder, and Chairman of the Board Matthew Lyons commented, “After comparing our patent to Fusion’s intraosseous platform, Extremity Medical decided to file suit to defend itself against what it believes to be infringement of a patent covering one of its most innovative products.”

Lyons continued, “It is undisputable that Mr. Peterson had intimate knowledge of Extremity Medical’s products, which he gained while representing Extremity Medical, and that he also had physical access to the Extremity Medical’s unique and patented devices, before starting Fusion Orthopedics.”

In a separate press release, Fusion Orthopedics stated, “As a matter of good public policy, Fusion Orthopedics is deeply committed to combating any such legal tactics by EM [Extremity Medical] and others. It is Fusion’s practice to recognize and respect the intellectual property of others. Fusion is undeterred in their pursuit as an innovator in technology related to foot and ankle orthopedic devices. Fusion stands by its IntraLock Fixation System, especially when wrongfully accused of patent infringement.”

Extremity Medical is asking the court to find Fusion Orthopedics guilty of patent infringement, for an injunction, for damages, and for a jury trial. As of the date of this article, Fusion Orthopedics has not yet filed a response.