Litigation
Untitled case
active1:25-cv-00592
Patents at issue (1)
Summary
Litigation involving US patent 12349941 is active in the Delaware District Court.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
A clear case overview and background for the patent infringement litigation involving US patent 12349941 is not directly available as the provided patent number appears to be incorrect for the specified case. The litigation under case number 1:25-cv-00592 in the Delaware District Court actually involves four different patents related to bunion correction.
The plaintiff in this active patent infringement litigation is Treace Medical Concepts, Inc., an operating company specializing in medical devices for orthopedic foot and ankle surgery, particularly bunion correction. The defendants are Zimmer Biomet Holdings, Inc. and Paragon 28, Inc., both operating companies also in the medical device sector. Treace Medical Concepts alleges that the defendants are infringing on its patents through products similar to its Lapiplasty® system, which includes surgical tools and techniques designed for three-dimensional bunion correction.
The patents asserted in this case are U.S. Patent Nos. 12,102,368, 12,268,397, 12,268,428, and 12,274,481. All four patents broadly relate to systems and methods for performing bunionectomy procedures, with an emphasis on three-dimensional correction and guided surgical techniques to achieve more consistent patient outcomes. The case is proceeding in the U.S. District Court for the District of Delaware, before Judge Gregory B. Williams. The District of Delaware is a significant venue for patent litigation, largely due to the U.S. Supreme Court's TC Heartland decision, which often makes it the mandatory forum for suits against defendants incorporated in Delaware. The court is also known for its experienced judiciary and well-developed body of patent-specific precedent.
This case is notable due to its timing, as it was filed shortly after Zimmer Biomet finalized its approximately $1.2 billion acquisition of Paragon 28 in April 2025. This suggests that Treace Medical Concepts is strategically challenging a broader array of products, including those acquired through the merger, which it believes overlap with its intellectual property. Treace has publicly highlighted its extensive patent portfolio in instrumented 3D bunion correction, indicating a robust defense of its innovations in this competitive medical device market.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
The patent infringement litigation Treace Medical Concepts, Inc. v. Zimmer Biomet Holdings, Inc. et al. (1:25-cv-00592) in the District of Delaware is active and still in its relatively early stages.
Key Legal Developments:
- Filing of Complaint: Treace Medical Concepts, Inc. filed its complaint on May 12, 2025, initiating the lawsuit against Zimmer Biomet Holdings, Inc. and Paragon 28, Inc.. The complaint alleges infringement of U.S. Patent Nos. 12,102,368, 12,268,397, 12,268,428, and 12,274,481, all related to bunion correction systems and methods.
- Current Posture: As of May 8, 2026, the case remains active. Detailed information regarding answers, counterclaims, or specific pre-trial motions (such as motions to dismiss, transfer, or stay) is not publicly available through the provided snippets beyond the initial complaint filing. Similarly, there is no information available yet on claim construction, discovery milestones, trial events, or final disposition.
- Parallel PTAB IPR/PGR Proceedings: There is no publicly available information in the provided snippets regarding any parallel IPR or PGR proceedings on the asserted patents at the USPTO's Patent Trial and Appeal Board (PTAB).
Further developments in this case would typically involve the defendants filing their answer to the complaint, potentially including counterclaims, followed by a scheduling conference, discovery, and possibly claim construction proceedings (Markman hearing).
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Morris, Nichols, Arsht & Tunnell
- Michael J. Flynn · Delaware Counsel
- Anthony D. Raucci · Delaware Counsel
- Brian P. Egan · Delaware Counsel
Treace Medical Concepts, Inc., the plaintiff in case 1:25-cv-00592 in the Delaware District Court, is represented by counsel from Winston & Strawn LLP and Mintz. The following attorneys have been identified:
Nimalka R. Wickramasekera
- Role: Lead Counsel (inferred due to her co-chair role in IP practice and extensive trial experience).
- Firm: Winston & Strawn LLP, Los Angeles, CA.
- Note: Nimalka Wickramasekera is Co-chair of Winston & Strawn's Intellectual Property Practice and is recognized as a first-chair trial lawyer with a proven record in high-stakes patent and technology litigation, particularly in the medical device sector. She has secured major jury verdicts and appellate victories, including before the Federal Circuit and the Delaware Supreme Court.
Michael A. Meneghini
- Role: Counsel (inferred due to his experience within the same firm as lead counsel).
- Firm: Winston & Strawn LLP, Chicago, IL.
- Note: Michael Meneghini is a litigator with extensive trial and appellate experience, focusing on commercial and patent litigation.
Olivia A. Wogon
- Role: Associate.
- Firm: Winston & Strawn LLP, Houston, TX.
- Note: Olivia Wogon is a litigation associate concentrating her practice on intellectual property matters, utilizing her mechanical engineering background.
Robert T. Vlasis, III
- Role: Counsel (possibly co-lead counsel or handling specific aspects, given his experience).
- Firm: Mintz, Washington, DC.
- Note: Robert Vlasis is the Co-chair of Mintz's ITC Practice and a Member in its IP Litigation Practice. He possesses two decades of experience in high-stakes intellectual property disputes before the ITC and other major patent venues, with a focus on industries including medical devices. He joined Mintz in February 2026.
While a PacerMonitor entry for the case lists these attorneys, it does not explicitly name local Delaware counsel. It is common practice for out-of-state firms to engage local counsel in the District of Delaware, but specific local counsel for the plaintiff has not been identified in the available search results.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Morris, Nichols, Arsht & Tunnell
- Jack B. Blumenfeld · local counsel
- Jeremy A. Tigan · local counsel
Counsel of Record for Defendants Zimmer Biomet Holdings, Inc. and Paragon 28, Inc.
In the patent infringement case Treace Medical Concepts, Inc. v. Zimmer Biomet Holdings, Inc. et al. (1:25-cv-00592) in the District of Delaware, the defendants are Zimmer Biomet Holdings, Inc. and Paragon 28, Inc.. Based on available information, the following counsel have been identified as representing the defendants:
For Zimmer Biomet Holdings, Inc. and Paragon 28, Inc.:
- Jack B. Blumenfeld
- Role: Local Counsel
- Firm: Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE
- Note: Mr. Blumenfeld is a highly experienced trial lawyer focusing on intellectual property, particularly patent litigation, in the District of Delaware.
- Jeremy A. Tigan
- Role: Local Counsel
- Firm: Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE
- Note: Mr. Tigan focuses his practice on intellectual property litigation, primarily in patent cases before the District of Delaware.
Further details regarding specific lead counsel, of counsel, or in-house counsel, including their respective firms, office locations, and detailed experience, would typically be found in more extensive docket entries (e.g., Notices of Appearance) which are not fully accessible through the provided search snippets. Delaware District Court Local Rule 83.5(c) generally requires out-of-state attorneys to associate with local counsel, which explains the presence of attorneys from Morris, Nichols, Arsht & Tunnell LLP.