Knee and Shoulder Implant Patent Dispute Settled

Conformis, Inc. and Medacta USA, Medacta Germany GmbH, and Medacta International SA have entered into a settlement and license agreement to resolve all patent disputes between the companies.

According to the Conformis press release, “Medacta will receive a non-exclusive license to certain Conformis patents related to patient-specific instrumentation for use with off-the-shelf knee and shoulder implants.”

From Medacta’s side, this comment: “the settlement agreement contemplates the payment of a sum in a low single digit million-dollar amount.”

Conformis designs and manufactures patient-specific instrument systems for all major joints. Medacta designs, produces, and distributes orthopedic products.

The litigation involved a number of orthopedic products and patents including:

1. patent 8,377,129, “a patient-specific instrument system for surgery of a diseased or damaged knee joint of a patient”;
2. patent 8,460,304, “a surgical instrument for use in surgically repairing a joint of a patient”;
3. patent 9,186,161, “provides novel devices, tools and methods for joint arthroplasty, such as replacing a portion (e.g., diseased area and/or area slightly larger than the diseased area) of a joint (e.g., cartilage and/or bone) with a non-pliable, non-liquid (e.g., hard) implant material, where the implant achieves a near anatomic fit with the surrounding structures and tissues”; and
4. patent 9,295,482, an invention that “provides methods and compositions for repairing joints, particularly for repairing articular cartilage and for facilitating the integration of a wide variety of cartilage repair materials into a subject.”

Conformis President and Chief Executive Officer Mark Augusti commented, “We are pleased to have resolved all of the ongoing patent litigation related to the Medacta dispute.”

Augusti continued, “Through this settlement, we have once again monetized our patient-specific instrument patents and steadfastly protected our patient-specific implant products and services. Yet again, this highlights the value of providing surgeons with the ability to incorporate patient-specific surgical planning into their procedures.”

The stipulation of dismissal has not yet been filed with the court. The parties expect it to be filed within 30 days of executing their settlement agreement documents.