United States Patent & Trademark Office (USPTO) Rules in Smith & Nephew’s Favor and Confirms Patent Claims Infringed by Arthrex Inc.

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ANDOVER, Mass., March 30 /PRNewswire-FirstCall/ — The United States Patent & Trademark Office (USPTO) overruled Arthrex’s validity challenges to the claims of a medical device patent exclusively licensed to Smith & Nephew (NYSE: SNNNews; LSE: SNNews) by Dr. John O. Hayhurst of Portland, Ore.

As part of its attempt to overcome the jury’s verdict against it, Arthrex initiated a standard re-examination proceeding with the USPTO to try to declare the patent invalid. The USPTO ruling confirms the validity of the claims of the patent that are infringed by Arthrex.
A jury determined last June that Arthrex Inc. (Naples, Fla.) willfully infringed this patent and awarded Smith & Nephew Endoscopy $14.7 million for infringement through the end of 2005. That amount was later increased by the Court for prejudgment interest and additional damages.

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