Smith & Nephew $85 Million Verdict Against Arthrex Removed (Bloomberg)
A U.S. judge threw out an $85 million verdict that Smith & Nephew Plc had won against Arthrex Inc. over patented technology for surgical anchors used in shoulder surgery.
U.S. District Judge Michael Mosman in Portland, Oregon, found that, under the correct interpretation of the patent, no reasonable jury could find that Arthrex infringed the Smith & Nephew patent, Arthrex said in a statement.
The devices are anchored to a bone to repair tears in the rotator cuff or in the labrum, a fibrous ring in the shoulder socket. The June trial was the third in the case, which began in 2004 against Naples, Florida-based Arthrex.
“While we are very pleased with the judge’s ruling, we are perplexed by S&N’s continued attempt to compete in the courtroom rather than the marketplace,” John W. Schmieding, Arthrex’s general counsel, said in the statement.
Smith & Nephew, based in London and Europe’s biggest maker of artificial hips and knees, targeted the SutureTak and PushLock line of suture anchors made by closely held Arthrex.
“We’re disappointed in the court’s latest ruling,” said Joe Metzger, a spokesman for Smith & Nephew. “We are reviewing the decision and expect to appeal and request reinstatement of the jury’s verdict.”
The case is Smith & Nephew Inc. v. Arthrex Inc., 04cv29, U.S. District Court for the District of Oregon (Portland).
To contact the reporters on this story: Susan Decker in Washington atsdecker1@bloomberg.net;