Duane Morris Wins Summary Judgment in Long-Running Artificial Knee Case

By Andrew Longstreth

November 30, 2009

A patent dispute over an artificial knee prosthesis has had long legs: Howmedica Osteonics sued Wright Medical for infringement a full nine years ago. But a resolution may at last be near. Last week, Trenton federal district court judge Garrett Brown, Jr., ruled that the Howmedica patent is invalid.

In a 12-page decision, Judge Brown found that Howmedica's patent--which allows the artificial knee to bend like a real one--was anticipated by an earlier patent. Wright Medical's attorneys at Duane Morris had also raised obviousness in their summary judgment motion. But Judge Brown only ruled on anticipation.

William Mentlik of Lerner David Littenberg Krumholz & Mentlik, an attorney for Howmedica, told us he expected his client to appeal, but that no final decision had been made.

"We believe the judge got it wrong," said Mentlik, adding that that he didn't believe Wright's anticipation theory was supported by its expert witnesses.

Duane Morris replaced Fish & Richardson as Wright Medical's counsel last year, before Wright's (successful) claim construction appeal to the U.S. Court of Appeals for the Federal Circuit. The Duane Morris team includes partners Woody Jameson, Matt Gaudet, Sam Apicelli, Tony Fitzpatrick, and associate Christopher Kroon.