Knobbe Martens Secures $29 Million Award and Finding of Willful Infringement on Behalf of Client KFx Medical
Knobbe Martens Olson & Bear LLP has secured a decisive victory on behalf of client KFx Medical Corporation. A jury in the United States District Court for the Southern District of California returned a verdict awarding KFx $29 million in its patent infringement case against Arthrex Inc. The jury also upheld the validity of the KFx patents and found Arthrex’s infringement was willful. The KFx patents at issue are directed to improved methods for attaching soft tissues to bone, which are widely used in rotator cuff repair.
In August of 2011, Knobbe Martens filed a complaint on behalf of KFx against Arthrex, alleging infringement of a KFx patent pertaining to knotless double row rotator cuff repair. The complaint was later amended to add two additional KFx patents that had recently issued. After a liability trial in August 2013, a jury found all three KFx patents were valid and willfully infringed by Arthrex. On October 9, 2013, the same jury awarded $29 million in damages for the infringement. Hundreds of thousands of rotator cuff surgeries are performed each year in the United States utilizing KFx’s patented technique.
Joseph Jennings, Knobbe Martens partner and lead trial counsel for KFx stated “We are pleased with the verdict and recognition of the value of KFx’s technology to help surgeons provide improved care for their patients in need of rotator cuff repair.” Knobbe partners Brian Horne and Sean Murray, and associates Dr. Sarah Lampton, Marissa Calcagno and Nathan Wenk joined Mr. Jennings in representing KFx.
About KFx Medical Corporation:
Headquartered in Carlsbad, Calif., KFx Medical Corporation was founded in 2003 to develop products for tissue fixation in a variety of orthopedic surgical procedures performed on the shoulder, knee, foot, and ankle. KFx provides simple systems for orthopedic surgeons focused on sports medicine. The company is privately held — Investors include Alloy Ventures , Charter Life Sciences , Arboretum Ventures, Montreux Equity Partners, and MB Venture Partners.
About Knobbe Martens:
With over 275 lawyers and scientists nationwide, Knobbe Martens Olson & Bear LLP dedicates its practice to all aspects of intellectual property law including litigation. Consistently ranked among the top intellectual property firms worldwide, Knobbe Martens serves a diverse group of clients from multinational corporations to emerging businesses of all stages. Headquartered in Orange County, California, Knobbe Martens also has offices in San Diego, Los Angeles, Riverside, San Francisco, Silicon Valley, Seattle and Washington, D.C. More information about the firm can be found at www.knobbe.com.
