The U.S. Patent and Trademark Office's Patent Trial and Appeal Board has ruled against orthopedic device company Extremity Medical in its patent dispute against Fusion Orthopedics, Zimmer Biomet and Paragon 28.
In 2021, Extremity filed a patent application for a device similar to Fusion Orthopedics' IntraLock device, which launched in 2019. The 166 patent was issued to Extremity, which then filed a patent infringement lawsuit against Fusion on April 28, 2023.
The patent and appeal board ruled that the USPTO's examiner "erred" by issuing patent 166 to Extremity.
Fusion Orthopedics alleged that Extremity filed the patent "for the sole purpose of attempting to harass and extract an unreasonable settlement from Fusion Orthopedics" and to subdue Fusion's rise in the foot and ankle market, according to a Nov. 29 news release from Fusion.
After Extremity filed suit against Zimmer Biomet in 2022 for patent infringement, and Zimmer subsequently alleged the suit was brought in bad faith. The board also ruled against Extremity in that case.
Extremity Medical now faces the possibility of being ordered to pay Zimmer Biomet $403,009.36 in being forced to defend against an alleged "exceptionally meritless patent infringement case."
Paragon 28 has yet to take action against Extremity in the infringement battle, according to the release.