Saturday, November 26, 2011

Another medical device company is suing DePuy for patent infringement!

Some of the excerpts taken from Rottenstein Law Web site

Boy oh boy, this seems like a comedy of errors!  If I understand this correctly (I may not), another hip manufacturer wants to be paid on the patent infringement of the devices that are under recall and litigation for one of the deffective parts used in part, in the recalled hips?  I am unsure as to what the duralock system is and what specific Depuy devise it is related to but whatever patent these guys infringed on, the idea of irreperable harm should be reserved first for the patients that may have been harmed.

Three Manufacturers Named as Defendants

The plaintiff in this case is Howmedica Osteonics Corp., a subsidiary of Stryker, Inc., another medical device manufacturer. It alleges that DePuy Orthopaedics, Wright Medical Technology, Inc., and Zimmer, Inc. infringed on its 2002 patent for an acetabular cup device that uses a dual-locking mechanism. NorthJersey.com has the story. The three devices that supposedly infringed on the patent are: Lineage and Dynasty systems (Wright); Continuum system (Zimmer); and the Pinnacle and Duraloc systems (DePuy). The Pinnacle is also a metal-on-metal hip replacement system, and it too is the subject of hip replacement lawsuits.

The lawsuits, filed in U.S. District Court in Newark, accuse the three companies of causing Howmedica "irreparable harm" by selling products that infringe on the Howmedica patent.
According to the lawsuits, Howmedica received the patent for the surgical device, a cup that fits into the pelvis and features a dual-locking mechanism, in 2002. This device allows doctors more flexibility in the parts that can be used in hip replacements, Howmedica said. After a reexamination, the validity of the patent was confirmed in 2010, Homedica said.

Howmedica asked the courts to bar the other companies from marketing any product that infringes the patent, as well as for monetary damages.

Julie Tracy, a spokeswoman for Wright, declined to comment on the lawsuit. DePuy representatives were not available for comment, and representatives for Zimmer did not respond to requests for comment.

Duraloc® Acetabular Cup System by Depuy (48mm-66mm)
The DURALOC® Acetabular Cup System was introduced in 1990. Fixation of the DURALOC® metal shell is achieved with POROCOAT® Porous Coating. The cup has a patented sensor locking ring mechanism, which automatically conforms to variations of the polyethylene in vivo; this provides congruency between the liner and the shell while locking the liner within the shell. http://www.depuy.com/healthcare-professionals/product-details/duraloc-acetabular-cup-system-48mm-66mm

Gee, this sounds quite like the liner that went into my Pinnacle.

The Duraloc 36 mm Acetabular Liner is made from

Marathon Cross-linked Polyethylene. Marathon

Cross-linked Polyethylene reduces wear by 86 percent,

resists oxidation and exceeds minimum American

Standards and Testing Methods (ASTM) mechanical

standards.
1, 2, 3 These benefits, combined with standard

minimum polyethylene thickness, provide a design

format to address use of a larger 36 mm femoral head.

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