ARTHREX GRANTED PATENT JUDGMENT AGAINST MITEK

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NAPLES, FL., (SEPTEMBER 8, 2009) The United States District Court for the Middle District of
Florida has granted Arthrex, Inc.’s motion for Summary Judgment of patent infringement against DePuy Mitek, Inc. The Court held that Mitek’s Slingshot ACL fixation system violates Arthrex’s U.S. Patent No. 6,974,477. Arthrex originally enforced its patent rights against Innovasive Devices, Inc., in 2000, and the parties entered into a settlement agreement under which the infringing Slingshot system was to be discontinued. Innovasive Devices was subsequently purchased by Mitek, which, despite the previous agreement, continued to sell the Slingshot system. The Court found that Mitek “and its predecessors have twice agreed to stop practicing this method in response to suits and demands to cease its wrongful infringing behavior. Each time, it has plunged right back into the conduct it agreed to avoid.” Arthrex was left with no choice but to continue the fight to protect its intellectual property. After nine years of legal wrangling, Arthrex has prevailed. The Court will shortly set a hearing concerning the issuance of an injunction against Mitek and the awarding of appropriate damages.

Arthrex, headquartered in Naples, Florida, is a worldwide leader in sports medicine product development and educational services for orthopaedic surgeons. Over 3,000 products for arthroscopic and minimally invasive orthopaedic surgical procedures have been developed by Arthrex and are currently marketed worldwide. For more information, visit www.arthrex.com.

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