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Synthes Gets $21 Million In Damages In ProDisc Patent Case Vs Medtronic

This is a discussion on Synthes Gets $21 Million In Damages In ProDisc Patent Case Vs Medtronic within the Artificial Disc Replacement forums, part of the Spine Surgery Support category; Synthes Gets $21 Million In Damages In ProDisc Patent Case Vs Medtronic September 07, 2009: 02 1 AM ET ZURICH ...

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    Founder / Administrator Justin's Avatar
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    Default Synthes Gets $21 Million In Damages In ProDisc Patent Case Vs Medtronic

    Synthes Gets $21 Million In Damages In ProDisc Patent Case Vs Medtronic
    September 07, 2009: 021 AM ET

    ZURICH -(Dow Jones)- U.S.-based surgical implant and device maker Synthes Inc. (SYST.VX) said Monday it has been awarded a permanent injunction and $21 million in enhanced damages, interest and costs in the ProDisc patent case against Medtronic Inc. (MDT).

    MAIN FACTS:

    • On August 26, 2009, the U.S. District Court in Memphis, TN, permanently enjoined Medtronic from infringing Synthes' U.S. Patent No. 6,936,071, covering Synthes' ProDisc-L artificial disc replacement device.
    • The Court also doubled Synthes' actual damages for the period until the end of 2008, with the total award now exceeding $21.0 million in damages, interest and costs.
    • In addition, the Court ruled that Synthes is entitled to an award of its attorneys' fees because of Medtronic's willful infringement.
    • In 2007, Synthes filed suit against Medtronic, asserting that their Maverick products infringe the '071 patent. In November 2008, a jury had reached a verdict that Medtronic willfully infringed the '071 patent by its manufacture and sale of the Maverick product lines. On August 19, 2009, the Court denied Medtronic's motion for a new trial. Medtronic is appealing these rulings to the U.S. Court of Appeals.
    • ProDisc-L is a total disc replacement device used to replace diseased vertebral discs in the lumbar spine. It was approved in 2006 by the FDA (Food and Drug Administration) for commercial sale in the U.S. and has since shown good clinical results.

    Company Web Site: http://www.synthes.com

    -Zurich Bureau, Dow Jones Newswires; +41 43 443 8040; zurichdjnews (at) dowjones.com

    Copyright (c) 2009 Dow Jones & Company, Inc.

    Justin Averna
    Founder & President, Spine Patient Society™
    www.SpinePatientSociety.org
    A 501(c)(3) Tax-Exempt Nonprofit & Charitable Organization


    • 1994: Football Injury, Severe Hyperextension
    • 1997: Snow Skiing Injury
    • 3/7/1997: Laminotomy L4/L5
    • 1999 & 2003: Motor Vehicle Accidents (not at fault both times) --> Grade V Annular Tears L4/L5 & L5/L6
    • 11/15/2003: 2-Level ProDisc® L4/L5 & L5/L6*, *lumbosacral transitional vertebra --> Dr. Rudolf Bertagnoli
    • 4/2008: 4.5 years pain-free before "new" leg pain
    • 5/14/2009: Dynamic Stabilization System L4/L5, Dr. Rudolf Bertagnoli
    I'm here to help.
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  2. #2
    Senior Member rhatzy's Avatar
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    Default

    heck, they don't eve n look alike.

    Mark
    1996 discectomy L4-5
    2007 discectomy L3-4
    Jan '08 maverick at Stenum L3-4, L4-5
    September'08 back to work as airline captain

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    Super Moderator trkdoc714's Avatar
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    I just hope I don't have to give mine back. I kind of like 'em.
    04/06 L5/S1 Rupture
    05/06 MRI shows DDD @ L2-S1
    06/06 Diskectomy/ Laminotomy L5/S1
    04/07 Recurrent Disc L5/S1
    4 Ortho and 1 Neuro Surgeon, 5 MRIs, 1 EGM, 1 Myleogram & 11 EDIs later:
    03/27/09 L4/5 & L5/S1 Maverick discs at Stenum (www.dr-ritter-lang.com)
    11/9/11 C6/7 Herniation with Nerve Impingement. Another journey begins.

  4. #4
    Senior Member daveinaustin's Avatar
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    It seems to be as much of a blanket patent as many of the software patents my company has to deal with...

    United States Patent: 6936071
    Discectomy/Laminotomy, 1999
    L4-S1 DDD, 10/06
    Stalif Fusion L5-S1, 3/07
    Intrepid Fusion L4-L5, 7/08
    Increasing pain since solid fusing, 1/09
    Bilateral Transforaminal Injections 3/09
    Facet Joint Injections (L3-S1) 4/09
    RF Ablation (Medial Branch) 5/09
    CT Scan, MRI w/ contrast (no new info) 5/09
    Latest:
    - I wake up with no pain
    - Stand/sit for 15 mins., pinching pain begins
    - Pain at center, core L4-L5
    - Lying down, pulsing/throbbing pain for 2-3 hours
    - Taking 6-8 Norcos/day
    SCS Implant 8/31/09

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    Senior Member JK2234's Avatar
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    Default Re: C5-6 Pro-Disc C

    Re: Synthes Gets $21 Million In Damages In ProDisc Patent Case Vs Medtronic

    Greed
    C4-5: Mild disc height loss with central annular fissure. Small broad-based left paracentral disc protrusion. Moderate central canal stenosis-the disc protrusion abuts and mildly flattens the left ventral surface of the spinal canal.

    C5-6: Disc desiccation with mild height loss.Diffuse discosteophyte bulge and uncovertebral joint hypertrophy, moderate central canal stenosis- Severe neuroforaminal stenosis bilaterally, right greater than left

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