On June 5, 2013 a never heard of before Dallas based company Orthophoenix, LLC filed multiple patent infringement cases against 6 different companies: Wright Medical, Soteira (now owned by Globus), Osseon, Dfine, Ascendx Spine and Sintea Plustek, for patent infringement on the same patents. From an initial review it would appear that all of the cases relate to patents that were assigned by Medtronic and or its Kyphon legal entities on April 26, 2013. Orthophoenix, LLC was registered in the State of Delaware on April 25, 2013, apparently, for the unique purpose of acquiring the Kyphon Intellectual Property, some 500 patents and applications. Also, there appears no record of Medtronic disposing of its Kyphon technology in the company’s filings. Curious that a publicly traded company would dispose of so many assets and not consider it important to issue some statement, unless of course it was selling them to itself to attempt to prosecute patent infringement without exposing itself to counter litigation, or is there an ulterior motive such as preparing the ground for a transaction concerning the Kyphon division itself?
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