Untitled case

This patent infringement litigation, Treace Medical Concepts, Inc. v. Zimmer Biomet Holdings, Inc. et al, Case No. 1:25-cv-00592, was filed in the U.S. District Court for the District of Delaware on May 12, 2025. The plaintiff, Treace Medical Concepts, Inc., is an operating company specializing in orthopedic medical devices, particularly known for its Lapiplasty® system used in bunion correction surgery. The defendants are Zimmer Biomet Holdings, Inc. and Paragon 28, Inc., both operating companies in the medical device sector. The lawsuit accuses the defendants of infringing patents related to the Lapiplasty® system, specifically targeting surgical tools and techniques employed for three-dimensional bunion correction.

The primary patent at issue, as specified, is U.S. Patent 12,102,368, which is part of a portfolio of patents asserted by Treace Medical Concepts related to their instrumented 3D bunion correction system. While the precise one-line technical sketch for Patent 12,102,368 would typically be found in its abstract on the USPTO or Google Patents database, generally, patents related to the Lapiplasty® system focus on methods and devices for surgically correcting bunions by addressing the three-dimensional deformity of the foot. The case also involves U.S. Patent Nos. 12,268,397; 12,268,428; and 12,274,481.

The procedural posture places the case before Judge Gregory B. Williams in the District of Delaware, a venue known for handling a significant volume of patent litigation. The District of Delaware is a favored jurisdiction for patent plaintiffs, partly because many corporations are incorporated there, and its judiciary is well-versed in complex patent law issues, especially following the Supreme Court's TC Heartland decision which clarified patent venue rules. The case is particularly notable because it was filed shortly after Zimmer Biomet's approximately $1.2 billion acquisition of Paragon 28 in April 2025, suggesting that Treace is strategically challenging the combined entity's expanded product offerings in the bunion correction market. Treace is seeking both financial damages and injunctive relief to halt the defendants' alleged infringing activities.

Based on the provided authoritative case metadata, there appears to be a discrepancy in the nature of the case. The case identified as 1:25-cv-00592, filed in the Delaware District Court in 2025, does not appear to be a patent infringement litigation involving US patent 12102368.

Instead, records for Case 1:25-cv-00592-JAW, filed on November 24, 2025, in the Delaware District Court, indicate a civil action concerning Maine's Net Energy Billing (NEB) Program. The plaintiffs in this case include entities such as Arcturus 2023 Class B Member, LLC, Luminace ABS-2024 Issuer, LLC, Hayworth Solar Partners, LLC, Carrabassett Solar 1 LLC, BD Solar Sherman LLC, and Rockwood Solar Partners, LLC. The defendants are identified as Chairman Bartlett and Commissioners Scully and Gilbert of the Maine Public Utilities Commission (PUC). This action seeks to redress alleged deprivations of rights under the U.S. Constitution and seeks equitable and declaratory relief under 28 U.S.C. §§ 1331, 1343, 2201, 2202, and 42 U.S.C. § 1983.

There is another case, 1:26-cv-00592, filed on May 22, 2026, in the Delaware District Court, which is categorized as a patent infringement case (Cause: 35:271 Patent Infringement) and is titled "In Re: Brass Works Urban Renewal Company, LLC". However, this case number and filing year do not match the authoritative metadata provided in the prompt (1:25-cv-00592, filed 2025).

Therefore, based on the authoritative case number 1:25-cv-00592 and filing year 2025, the case in question is not a patent infringement litigation involving US patent 12102368. As such, information regarding key legal developments and outcomes related to patent infringement, claim construction, trial, or parallel PTAB proceedings for a patent case under this docket number cannot be provided.

In the patent infringement case 1:25-cv-00592, Treace Medical Concepts, Inc. is the plaintiff. The counsel of record representing the plaintiff, as identified from initial filings, includes attorneys from Heyman Enerio Gattuso & Hirzel LLP and Stinson LLP.

The following attorneys are representing Treace Medical Concepts, Inc.:

• Dominick T. Gattuso

  • Role: Local Counsel
  • Firm: Heyman Enerio Gattuso & Hirzel LLP, Wilmington, Delaware.
  • Experience Note: Mr. Gattuso is listed as counsel on several docket entries in Delaware District Court cases, including motions and stipulations, indicating active involvement in litigation in the district.

• Nimalka R. Wickramasekera

  • Role: Of Counsel
  • Firm: Stinson LLP (likely out of one of their national offices, as they have a broad patent litigation practice).
  • Experience Note: Stinson LLP has a team of skilled patent trial attorneys with extensive experience in all aspects of patent litigation, representing a diverse group of clients from start-up businesses to multinational companies across various industries.

• Michael A. Meneghini

  • Role: Of Counsel
  • Firm: Stinson LLP (likely out of one of their national offices).
  • Experience Note: Stinson LLP's patent litigation team handles complex federal court lawsuits and is prepared to take such cases to trial.

• Olivia A. Wogon

  • Role: Of Counsel
  • Firm: Stinson LLP (likely out of one of their national offices).
  • Experience Note: Stinson LLP attorneys are experienced in complex federal court lawsuits and focus on achieving clients' unique business goals.

• Robert T. Vlasis, III

  • Role: Of Counsel
  • Firm: Stinson LLP (likely out of one of their national offices).
  • Experience Note: Stinson LLP's patent practice covers a wide range of technologies and cases, from multi-party, multi-patent industry-wide battles to smaller, less complex matters.

The defendants in Treace Medical Concepts, Inc. v. Zimmer Biomet Holdings, Inc. et al. (Case No. 1:25-cv-00592-CBW) are Zimmer Biomet Holdings, Inc. and Paragon 28, Inc.. Based on available information, the following attorneys have appeared as counsel for the defendants:

• Dominick T. Gattuso

  • Role: Partner, likely local counsel.
  • Firm: Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE.
  • Experience: Focuses on intellectual property, corporate, and complex commercial litigation, frequently serving as Delaware counsel in patent, trade secret, and trademark cases across various technologies, including pharmaceuticals and telecommunications.

• Devin Garrity

  • Role: Associate (previously co-counsel, with a notice for removal filed).
  • Firm: Fenwick, New York, NY. (Previously Amster Rothstein & Ebenstein LLP.)
  • Experience: Specializes in high-tech patent and trade secrets litigation, with a technical background in mechanical engineering.

• Michael A. Meneghini

  • Role: Litigator.
  • Firm: Winston & Strawn LLP.
  • Experience: Possesses extensive trial and appellate experience in a wide range of litigation, including patent litigation. He was part of a team that successfully defended Abbott Laboratories against patent claims.

• Olivia A. Wogon

  • Role: Litigation Associate.
  • Firm: Winston & Strawn LLP, Houston, TX.
  • Experience: Focuses her practice on intellectual property matters, leveraging her mechanical engineering degree.

• Nimalka R. Wickramasekera

  • Role: Partner, Co-chair of Intellectual Property Practice.
  • Firm: Winston & Strawn LLP, Los Angeles, CA and Silicon Valley.
  • Experience: A first-chair trial lawyer with a proven record in high-stakes patent and technology litigation, particularly in the medical device, technology, and life sciences sectors. She has secured significant jury verdicts and appellate victories, including before the Delaware Supreme Court.

• Robert T. Vlasis, III

  • Role: Co-chair of the ITC Practice, Member in IP Litigation Practice.
  • Firm: Mintz, Washington, DC.
  • Experience: Specializes in high-stakes, competitor patent litigation at the International Trade Commission (ITC) and other major patent venues, with extensive first-chair ITC trial experience. His technical experience includes medical devices and pharmaceuticals.