Medtronic, Inc.'s vascular and spinal businesses have filed suit against Kyphon, Inc. for patent infringement. The suit, which seeks injunctive relief and monetary damages, was filed in the United States District Court for the Northern District of California.

The suit claims Kyphon is and has been directly and indirectly infringing on a minimum of four patents related to balloon dilatation catheters and spinal treatment. The Medtronic patents involved include US Patent No. 4,820,349, U.S. Patent No. 5,759,191, U.S. Patent No. 6,179,856 and U.S. Patent No. 6,096,038. Medtronic acquired the'038 patent from Gary K. Michelson.

The suit also asks for a declaratory judgment that five Kyphon patents are inapplicable to Medtronic's innovative new osteotome device that treats spinal disorders without the use of a balloon.

"We have completed a thoughtful and comprehensive review of the patents and as a result feel we have to take this action to stop Kyphon from benefiting from our intellectual property," said Pete Wehrly, senior vice-president and president, Medtronic's Spine and Navigation business. "We are also seeking the declaratory judgment to set aside any concerns regarding any legal matters that could potentially interrupt our future business," he added.