Interpore Cross International announced that the United States District Court for the Central District of California has rejected all of the defenses asserted by DePuy AcroMed, Inc., a Johnson & Johnson company, to DePuy AcroMed's infringement of U.S. Patent No. 5,474,555 (the "'555 patent"). The '555 patent, owned by Interpore Cross' wholly-owned subsidiary, Cross Medical Products, Inc., relates to technology utilized in the Company's Synergyâ Spinal System. This ruling, in combination with the Court's previous rulings finding infringement, establishes that DePuy AcroMed is liable for infringement of Cross' '555 patent. A jury trial solely to determine the amount of damages owed to Cross Medical Products remains set for March of this year.
Previously, the Court ruled that DePuy AcroMed's MOSS-Miami, Magnum, and Summit polyaxial spinal implants, when used with the standard closure mechanism or when MOSS-Miami is used with DePuy AcroMed's new Pin Nut closure mechanism, infringe the '555 patent. The Court's most recent ruling was in response to the parties' concurrent requests for a determination as a matter of law whether DePuy AcroMed's alleged infringement defenses were sustainable. The Court rejected all of DePuy AcroMed's defenses and ruled that the asserted claims of the '555 patent are valid and enforceable. This ruling may be appealed by DePuy AcroMed and could possibly be reversed or modified in that event.
"We are extremely pleased with this decision," said Joseph A. Mussey, President and Chief Operating Officer of Interpore Cross. "This ruling validates our long standing belief that the '555 patent is valid and that DePuy AcroMed must be held accountable for infringing our intellectual property."