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Intellectual Property Practice Wins Summary Judgment for Arthrex, Inc. in Infringement Case

Wednesday, September 09, 2009

Washington, DC -- Dickstein Shapiro LLP is pleased to announce that the U.S. District Court for the Middle District of Florida recently granted summary judgment of patent infringement in favor of firm client Arthrex, Inc., a manufacturer of arthroscopic medical devices based in Naples, Fla.

According to Dickstein Shapiro Partner Stephen A. Soffen, co-counsel on the Arthrex, Inc. v. DePuy Mitek, Inc. case, "This is a significant win for our client and a unique one in the realm of patent infringement cases—summary judgments in favor of patent owners are a rarity."

The patent infringement case was brought by Arthrex against its competitor, DePuy Mitek, a subsidiary of Johnson & Johnson. The patent at issue covers a method of anterior cruciate ligament (ACL) reconstruction. As in most patent cases, the meanings of certain terms in the patent claim were vigorously contested by the parties. After multiple Markman (claim construction) proceedings, the court ultimately construed every claim limitation at issue in favor of Arthrex. Arthrex then moved for summary judgment of infringement. On September 4, 2009, the District Court granted Arthrex’s summary judgment motion, finding that "the record is replete with evidence showing defendant’s engagement in ‘culpable conduct,’" and chastising DePuy Mitek for failing to abide by the terms of prior settlement agreements. The court noted that DePuy 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."

The District Court ordered that the matter be set for a hearing concerning the issuance of an injunction against DePuy Mitek and the award of appropriate damages to Arthrex.

The legal team from Dickstein Shapiro includes Stephen A. Soffen, Philip G. Hampton, II, Salvatore P. Tamburo, and Charles J. Monterio.

Dickstein Shapiro’s internationally ranked Intellectual Property Practice has more than 85 attorneys dedicated to helping clients develop strategies that capitalize on their intellectual property assets and achieve their business objectives. The Practice has achieved recent major victories in courts throughout the country, including the attainment of an award of more than $500 million for a client in a patent infringement action. The firm’s robust domestic base of clients, including Micron Technology, Harbour Group, DuPont, Chrysler, W.L Gore, AT&T, Sallie Mae, and Pitney Bowes, is complemented by an international presence in Japan, Korea, and Europe, counseling clients such as Hitachi, Ricoh, Samsung, Infineon, NEC, and Olympus. Dickstein Shapiro is ranked by Managing Intellectual Property and Intellectual Property Today as a top firm for intellectual property work.

Dickstein Shapiro LLP

Dickstein Shapiro LLP, founded in 1953, is a multiservice law firm with more than 400 attorneys in Washington, DC, New York, and Los Angeles. The firm’s clients include more than 100 of the Fortune 500 companies, start-up ventures and entrepreneurs, multinational corporations, leading financial institutions, major motion picture studios, charitable organizations, and government officials. Dickstein Shapiro’s core practice groups—Antitrust & Dispute Resolution, Business & Securities Law, Corporate & Finance, Energy, Government Law & Strategy, Insurance Coverage, and Intellectual Property—involve the firm in virtually every major form of counseling, litigation, and advocacy. For additional information, please visit

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