Untitled case

Orthopedic Device Giants Clash Over Foot and Ankle Fixation in Illinois Federal Court

Dallas-based OsteoMed LLC, an operating company specializing in orthopedic fixation and medical devices, has accused medical technology giant Stryker Corporation of patent infringement in the U.S. District Court for the Northern District of Illinois. The litigation, case number 1:20-cv-06821, centers on Stryker's "Anchorage CP plating systems," a line of implantable devices used in foot and ankle surgery, which OsteoMed alleges infringe its intellectual property. OsteoMed, a subsidiary of Acumed LLC and part of the Marmon Medical | Berkshire Hathaway Company, designs and manufactures innovative orthopedic solutions globally, with a focus on neurosurgery, reconstructive plastic surgery, oral surgery, podiatry, and foot and ankle orthopedics. Stryker, a multinational medical technology corporation, has a substantial presence in Illinois, including a facility in Cary and offices in Chicago, which may contribute to the venue's relevance. The case is presided over by Hon. Steven C. Seeger.

The core of the dispute involves U.S. Patent No. 8,529,608, alongside U.S. Patents 9,351,776, 9,763,716, and 10,245,085, all asserted by OsteoMed. While specific one-line technical sketches for all patents were not readily available through general search, US Patent 8,529,608 generally pertains to "Bone plate systems and methods of use," specifically relating to plating systems designed for orthopedic fixation. Stryker Corporation has not only answered OsteoMed's complaint but has also filed counterclaims, asserting infringement of its own patents: 9,078,713 and 9,168,074, against OsteoMed. Further complicating the litigation, Stryker's wholly-owned subsidiaries, Howmedica Osteonics Corp. and Stryker European Operations Holdings LLC, were granted intervention in the case, with Howmedica intervening as a defendant and both subsidiaries as counterclaim plaintiffs. No active Inter Partes Review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) were identified for the asserted patents during the search.

The Northern District of Illinois is a significant venue for patent litigation, known for its established Local Patent Rules (LPRs) which aim to provide predictability in managing complex patent disputes. The court also participates in a Patent Pilot Program, indicating a commitment to developing judicial expertise in patent cases. This case is notable as it involves direct competitors within the high-value medical device industry, particularly in the rapidly evolving and increasingly litigious field of medical technology, where IP disputes are on the rise. The dispute highlights the intense competition and strategic importance of patent portfolios in the orthopedic fixation market.

The case 1:20-cv-06821 in the Illinois Northern District Court involves OsteoMed LLC as the Plaintiff and Stryker Corporation as the Defendant, asserting infringement of US Patent 8,529,608, among others.

Here's a chronological breakdown of the key legal developments and outcome:

1. Filing & Initial Pleadings:

• Complaint: OsteoMed LLC filed suit against Stryker Corporation, claiming infringement of four patents: US Patent 8,529,608, 9,351,776, 9,763,716, and 10,245,085. The complaint generally concerns whether Stryker Corp.'s "Anchorage CP plating systems" infringe patents related to OsteoMed's "ExtremiLOCK™ Foot Plating System."
• Answer & Counterclaims: Stryker Corporation answered the complaint and asserted seven counterclaims. The first four counterclaims sought a declaration of non-infringement and invalidity of OsteoMed's four asserted patents. The next three counterclaims alleged that OsteoMed was infringing two of Stryker's own patents: 9,078,713 and 9,168,074.

2. Pre-trial Motions of Substance:

• Motion to Intervene: Stryker Corp.'s wholly-owned subsidiaries, Howmedica Osteonics Corp. ("Howmedica") and Stryker European Operations Holdings LLC ("Stryker European"), filed a motion to intervene in the case. Howmedica sought to intervene as a defendant and a counterclaim plaintiff, while Stryker European sought to intervene as a counterclaim plaintiff.
  • Outcome: On May 17, 2021, the court granted the motion to intervene, allowing Howmedica and Stryker European to join the case. The court noted that Howmedica, as an exclusive licensee of the patents, could provide additional expertise.

3. Parallel PTAB IPR Proceedings:

• IPR2021-01450: Stryker Corporation and Wright Medical Technology (Co-Petitioners) filed an Inter Partes Review (IPR) petition against US Patent 8,529,608, owned by OsteoMed LLC. The IPR was assigned case number IPR2021-01450 and filed on April 28, 2009 (issue date September 10, 2013). This IPR is explicitly linked to civil case 1:20-cv-06821.
• IPR2022-00189: Another IPR, IPR2022-00189, was filed against Patent 8,529,608 B2, again involving OsteoMed LLC as the Patent Owner. This IPR is also associated with civil case 1:20-cv-06821 (N.D. Ill.).
• While the specific outcomes of IPR2021-01450 and IPR2022-00189 for Patent 8,529,608 are not fully detailed in the provided snippets (e.g., whether institution was granted or a final written decision issued), their existence indicates ongoing challenges to the patent's validity at the USPTO. It is common for district court litigation to be stayed pending the outcome of IPRs, though a specific motion to stay for this case was not found in the provided information.

4. Present Posture:
The litigation appears to be ongoing, with the most recent explicit docket activity mentioned being the May 17, 2021, order granting intervention. The parallel IPR proceedings (IPR2021-01450 and IPR2022-00189) indicate that challenges to the patent's validity are active at the PTAB. No information regarding claim construction, discovery milestones with strategic significance, trial events, verdict, settlement, or final judgment/appeal was found in the provided search results.

*Counsel of Record for Plaintiff OsteoMed LLC in OsteoMed LLC v. Stryker Corp., 1:20-cv-06821 (N.D. Ill.)*

The plaintiff in this patent infringement case, filed in the Illinois Northern District Court under case number 1:20-cv-06821, is OsteoMed LLC. The defendant is Stryker Corporation, with its subsidiaries, Howmedica Osteonics Corp. and Stryker European Operations Holdings LLC, having intervened as defendants and counterclaim plaintiffs.

To identify counsel, a review of the case docket would typically be necessary. However, based on publicly available information and common practice, a search for counsel associated with OsteoMed LLC in federal patent litigation, particularly in the Northern District of Illinois, would be performed.

As of the current date, specific attorneys and firms representing OsteoMed LLC have not been explicitly detailed in the provided search results beyond the identification of the parties. To fully identify the counsel of record, including their roles, firms, office locations, and relevant experience, a direct review of the case docket on PACER or a similar legal research platform would be required. Without access to specific docket entries detailing appearances of counsel for OsteoMed LLC, a comprehensive list cannot be provided at this time.

Here is the counsel of record representing defendant Stryker Corporation in OsteoMed LLC v. Stryker Corporation, Case No. 1:20-cv-06821 in the Illinois Northern District Court:

• Sharon A. Hwang

  • Role: Attorney for Stryker Corporation (likely lead counsel given her signing of PTAB documents related to the district court case).
  • Firm: McAndrews, Held & Malloy, Ltd., 500 West Madison St., 34th Floor, Chicago, IL 60661.
  • Experience: Ms. Hwang is a shareholder at McAndrews, Held & Malloy, Ltd. and has a strong background in patent litigation. She was involved in the long-running patent infringement dispute Stryker Corporation v. Zimmer, Inc., where McAndrews secured a significant damages award for Stryker, and she argued before the Federal Circuit in that case.

• Robert A. Surrette

  • Role: Attorney for Stryker Corporation.
  • Firm: McAndrews, Held & Malloy, Ltd., 500 West Madison St., 34th Floor, Chicago, IL 60661.
  • Experience: Mr. Surrette is also listed as an attorney for Stryker Corporation in the related PTAB proceedings that specifically reference the 1:20-cv-06821 district court case. His direct line is provided as 312-775-8206.

• Scott P. McBride

  • Role: Attorney for Stryker Corporation.
  • Firm: McAndrews, Held & Malloy, Ltd., 500 West Madison St., 34th Floor, Chicago, IL 60661.
  • Experience: Mr. McBride is listed as an attorney for Stryker Corporation in the PTAB documents related to the district court case. His direct line is provided as 312-775-8131.