A U.S. appeals court upheld an order on Tuesday barring medical device maker Stryker Corp from selling a screw to fix broken bones because it infringes a patent held by Acumed LLC.
The U.S. Court of Appeals for the Federal Circuit ruled that a lower court, the U.S. District Court for the District of Oregon, correctly issued a permanent injunction preventing Stryker from selling its T2 PHN screw used in fractures of the humerus, or upper arm.
In 2005, a jury found Stryker infringed an Acumed patent and awarded damages based on Acumed’s lost profits. Six months later, the district court granted Acumed’s request for a permanent injunction.
“Because we conclude that the district court did not abuse its discretion in granting the motion of a permanent injunction, we affirm,” the court said.
The appeals court upheld the injunction, saying Acumed would be irreparably harmed by the loss of income from the screws and that the public health was not hurt by the injunction.
Acumed LLC v Stryker Corp 2008-1124, U.S. Court of Appeals for the Federal Circuit (Washington). Ruling posted here . (Reporting by Diane Bartz; Editing by Derek Caney)
Source: Thomson Reuters
