Fusion Orthopedics, LLC has secured a major victory against Extremity Medical, LLC following a ruling by the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB). The PTAB invalidated 14 claims of U.S. Patent No. 11,298,166 (the ‘166 patent) after an inter partes review (IPR), further ruling that dependent claim 11 is also invalid. Additionally, the PTAB denied Extremity Medical’s motions to amend the claims, reinforcing the patent’s invalidity. This decision strengthens Fusion Orthopedics’ position against any future attempts by Extremity Medical to assert these claims in bad faith, which could lead to sanctions.
Extremity Medical filed the ‘166 patent in 2021, targeting Fusion Orthopedics’ IntraLock product, which had been launched in 2019. Fusion Orthopedics believes this patent was used as a tactic to harass the company and extract an unfair settlement. In April 2023, Extremity Medical initiated a patent infringement lawsuit (Case No. 22-CV-00723-GMS) to challenge Fusion Orthopedics’ growing success in the foot and ankle market.
Extremity Medical has aggressively attempted to enforce the ‘166 patent and related claims against Fusion Orthopedics, Zimmer Biomet, and Paragon 28. In one such case, Extremity Medical was sanctioned $52,573 in attorney fees for pursuing frivolous patent claims against Zimmer Biomet (Case No. 22-CV-00239-GBW). Fusion Orthopedics plans to seek similar relief in the future.
Fusion Orthopedics views this as part of a broader pattern of baseless patent litigation under the leadership of Extremity Medical’s CEO, Matthew Lyons. The company believes that Extremity Medical has other potentially invalid patents that could be used in similar attempts to disrupt Fusion Orthopedics’ innovation in foot and ankle orthopedic devices, including patents like U.S. Nos. 8,303,589, 8,900,274, 9,364,271, 9,877,752, and 10,751,097, which are part of the ‘166 Patent Family.
Fusion Orthopedics is committed to standing up against bad faith litigation and ensuring that valid intellectual property is respected. The company remains undeterred in its mission to innovate in the orthopedic space, particularly with its IntraLock product, which continues to advance foot and ankle care technology despite these legal challenges.
