3:18-cv-01342 | Depuy Synthes Products, Inc. et al v. Veterinary Orthopedic Implants, Inc.

Depuy Synthes Products, Inc. et al v. Veterinary Orthopedic Implants, Inc. DC CAFC
- 3:18-cv-01342
- M.D. Fla.
- Judge: Harvey E. Schlesinger +1
- Filed: 11/09/2018
- Closed: 05/19/2023
- Latest Docket Entry: 09/26/2023
- PACER

Plaintiffs

Defendants

Accused Products

Patents-in-Suit

1,653

Days in Litigation

Overview

Docket (674 Entries)

Campaign

Outcome

Depuy Synthes Products, Inc. et al v. Veterinary Orthopedic Implants, Inc. DC CAFC
- 3:18-cv-01342
- M.D. Fla.
- Judge: Harvey E. Schlesinger +1
- Filed: 11/09/2018
- Closed: 05/19/2023
- Latest Docket Entry: 09/26/2023
- PACER

Overview

Docket (674 Entries)

Campaign

Outcome

View Complaint

Appeals

20-1514
23-1615
23-1614

Causes of Action

Infringement

Willful Patent Infringement

Market Sector

Medical

Court

Middle District of Florida

Referred Judge

Patricia D. Barksdale

Assigned Judge

Harvey E. Schlesinger

Outcome Summary

View Outcome Details

Overview

Validity and Enforceability Details

Infringement Details

Patent Information

Patents-in-Suit

Petitions

Validity & Enforceability

US 8,523,921 B2

3 Details

Claim #	Claim Text	Outcome
1	A bone plate dimensioned for securing two tibial bone segments of an animal as part of a tibial leveling osteotomy procedure for an animal, the bone plate comprising: a distal portion comprising an elongated shaft having disposed therein a plurality of distal portion screw holes each designed to accept a screw and defining a longitudinal axis and a base plane along a bone-contacting surface thereof; a proximal portion having an upper surface and a bone-contacting surface opposite the upper surface, the bone-contacting surface of the proximal portion being pre-configured and dimensioned to conform to a tibial bone segment and having a contour formed as an arc of a cylinder having a contour axis extending in a plane including a first rotation axis defined by an intersection of a mid-plane and a transverse plane and rotated relative to the mid-plane about the first rotation axis by a first angle, the mid-plane bisecting the base plane, and the transverse plane being orthogonal to the mid-plane and the base plane, and wherein the axis is rotated relative to a second rotation axis defined by an intersection of the transverse plane and the base plane by a second angle; a plurality of proximal portion screw holes located in the proximal portion that were machined through the pre-contoured bone-contacting surface, the proximal portion screw holes being designed to accept a locking screw, whereby locking screws anchored through the proximal portion screw holes will have a targeted screw path through the tibial bone segment. view more	Valid Entry 555
12	A bone plate for securing two tibial bone segments as part of a tibial leveling osteotomy procedure for an animal, the bone plate comprising: a distal portion comprising an elongated shaft having disposed therein a plurality of screw holes each designed to accept a screw; and a proximal portion comprising at least three screw holes each designed to accept a screw wherein a first screw hole is a superior screw hole, a second screw hole is a cranial screw hole located distally and cranially from the superior screw hole, and a third screw hole is a caudal screw hole located distally and caudally from the superior screw hole, wherein screw hole paths for the at least three screw holes are predetermined and angled so as to direct screws away from an articular surface between a tibia and a femur, away from an osteotomy surface of the tibia, and away from edges of the tibia and into a central mass of the tibia. view more	Valid Entry 555
20	A kit for a tibial plateau leveling osteotomy procedure comprising: (1) a bone plate dimensioned for securing two tibial bone segments of an animal as part of a tibial leveling osteotomy procedure for an animal, the bone plate comprising: a distal portion comprising an elongated shaft having disposed therein a plurality of distal portion screw holes each designed to accept a screw and defining a longitudinal axis and a base plane along a bone-contacting surface thereof; a proximal portion having an upper surface and a bone-contacting surface opposite the upper surface, the bone-contacting surface of the proximal portion being pre-configured and dimensioned to conform to a tibial bone segment and having a contour formed as an arc of a cylinder having a contour axis extending in a plane including a first rotation axis defined by an intersection of a mid-plane and a transverse plane and rotated relative to the mid-plane about the first rotation axis by a first angle, the mid-plane bisecting the base plane, and the transverse plane being orthogonal to the mid-plane and the base plane, and wherein the axis is rotated relative to a second rotation axis defined by an intersection of the transverse plane and the base plane by a second angle; a plurality of proximal portion screw holes located in the proximal portion that were machined through the pre-contoured bone-contacting surface, the proximal portion screw holes being designed to accept a locking screw, whereby locking screws anchored through the proximal portion screw holes will have a targeted screw path through the tibial bone segment; and (2) locking bone screws adapted to fit within the proximal portion screw holes. view more	Valid Entry 555

US 11,026,728 B2

1 Detail

Claim #	Claim Text	Outcome
1	A bone plate for securing two tibial bone segments as part of a tibial leveling osteotomy procedure for an animal, the bone plate comprising:a distal portion comprising an elongated shaft having disposed therein a plurality of distal portion screw holes each designed to accept a screw; anda proximal portion configured for attachment to a cut-away and repositioned portion of the tibia, the cut-away portion of the tibia comprising an articular surface at which the tibia interacts with a femur, the proximal portion having a bone-contacting surface configured and dimensioned to conform to the cut-away portion of the tibia when the distal portion is coupled to the shaft of the tibia in a desired orientation and when the cut-away portion of the tibia has been re-positioned as desired, the proximal portion comprising at least three proximal portion screw holes each designed to accept a screw, wherein a first proximal portion screw hole is a superior screw hole, a second proximal portion screw hole is a cranial screw hole located distally and cranially from the superior screw hole, and a third proximal portion screw hole is a caudal screw hole located distally and caudally from the superior screw hole, wherein screw hole paths for at least two of the three screw holes of the proximal portion are predetermined and angled to direct screws inserted therethrough, when the bone plate is positioned on the tibia in a desired position, into a central mass of the tibia, wherein the elongated shaft extends along a longitudinal shaft axis and the plate defines a base plane parallel to the shaft axis, the screw hole path of the superior screw hole being angled no more than 90 degrees relative to the base plane. view more	Valid Entry 640 Entry 555

Infringement

Fidelio Capital AB

2 Details

Accused Product	Patent #	Claim #	Outcome
2 DT 3.5 L32 DT 3.5 R32 DT 3.5 SM L32 DT 3.5 SM R36 DT 2.7 L36 DT 2.7 R36 DT 3.5 L36 DT 3.5 R36 DT 3.5 SM L36 DT 3.5 SM R37 DT 2.7 L37 DT 2.7 R39 DT 2.7B L39 DT 2.7B R39 DT 2.7 L39 DT 2.7 R39 DT 3.5 L39 DT 3.5 R39 DT 3.5 SM L3 TPLO plates9 DT 3.5 SM R3Plates used in CORA-based Tibial Leveling Osteotomy proceduresPlates used in Tibial Plateau Leveling Osteotomy procedures	US 11,026,728 B2	1	Willful infringement Entry 637 Entry 555
2 DT 3.5 L32 DT 3.5 R32 DT 3.5 SM L32 DT 3.5 SM R36 DT 2.7 L36 DT 2.7 R36 DT 3.5 L36 DT 3.5 R36 DT 3.5 SM L36 DT 3.5 SM R37 DT 2.7 L37 DT 2.7 R39 DT 2.7B L39 DT 2.7B R39 DT 2.7 L39 DT 2.7 R39 DT 3.5 L39 DT 3.5 R39 DT 3.5 SM L3 TPLO plates9 DT 3.5 SM R3Plates used in CORA-based Tibial Leveling Osteotomy proceduresPlates used in Tibial Plateau Leveling Osteotomy procedures	US 8,523,921 B2	1, 12, 20	Willful infringement Entry 640 Entry 637 Entry 555

Fidelio Capital II AB

2 Details

Accused Product	Patent #	Claim #	Outcome
2 DT 3.5 L32 DT 3.5 R32 DT 3.5 SM L32 DT 3.5 SM R36 DT 2.7 L36 DT 2.7 R36 DT 3.5 L36 DT 3.5 R36 DT 3.5 SM L36 DT 3.5 SM R37 DT 2.7 L37 DT 2.7 R39 DT 2.7B L39 DT 2.7B R39 DT 2.7 L39 DT 2.7 R39 DT 3.5 L39 DT 3.5 R39 DT 3.5 SM L3 TPLO plates9 DT 3.5 SM R3Plates used in CORA-based Tibial Leveling Osteotomy proceduresPlates used in Tibial Plateau Leveling Osteotomy procedures	US 11,026,728 B2	1	Willful infringement Entry 637
2 DT 3.5 L32 DT 3.5 R32 DT 3.5 SM L32 DT 3.5 SM R36 DT 2.7 L36 DT 2.7 R36 DT 3.5 L36 DT 3.5 R36 DT 3.5 SM L36 DT 3.5 SM R37 DT 2.7 L37 DT 2.7 R39 DT 2.7B L39 DT 2.7B R39 DT 2.7 L39 DT 2.7 R39 DT 3.5 L39 DT 3.5 R39 DT 3.5 SM L3 TPLO plates9 DT 3.5 SM R3Plates used in CORA-based Tibial Leveling Osteotomy proceduresPlates used in Tibial Plateau Leveling Osteotomy procedures	US 8,523,921 B2	1, 12, 20	Willful infringement Entry 637

Syntec Scientific Corporation

2 Details

Accused Product	Patent #	Claim #	Outcome
2 DT 3.5 L32 DT 3.5 R32 DT 3.5 SM L32 DT 3.5 SM R36 DT 2.7 L36 DT 2.7 R36 DT 3.5 L36 DT 3.5 R36 DT 3.5 SM L36 DT 3.5 SM R37 DT 2.7 L37 DT 2.7 R39 DT 2.7B L39 DT 2.7B R39 DT 2.7 L39 DT 2.7 R39 DT 3.5 L39 DT 3.5 R39 DT 3.5 SM L3 TPLO plates9 DT 3.5 SM R3Plates used in CORA-based Tibial Leveling Osteotomy proceduresPlates used in Tibial Plateau Leveling Osteotomy procedures	US 11,026,728 B2	1	Willful infringement Entry 637
2 DT 3.5 L32 DT 3.5 R32 DT 3.5 SM L32 DT 3.5 SM R36 DT 2.7 L36 DT 2.7 R36 DT 3.5 L36 DT 3.5 R36 DT 3.5 SM L36 DT 3.5 SM R37 DT 2.7 L37 DT 2.7 R39 DT 2.7B L39 DT 2.7B R39 DT 2.7 L39 DT 2.7 R39 DT 3.5 L39 DT 3.5 R39 DT 3.5 SM L3 TPLO plates9 DT 3.5 SM R3Plates used in CORA-based Tibial Leveling Osteotomy proceduresPlates used in Tibial Plateau Leveling Osteotomy procedures	US 8,523,921 B2	1, 12, 20	Willful infringement Entry 637

Veterinary Orthopedic Implants Incorporated

2 Details

Accused Product	Patent #	Claim #	Outcome
2 DT 3.5 L32 DT 3.5 R32 DT 3.5 SM L32 DT 3.5 SM R36 DT 2.7 L36 DT 2.7 R36 DT 3.5 L36 DT 3.5 R36 DT 3.5 SM L36 DT 3.5 SM R37 DT 2.7 L37 DT 2.7 R39 DT 2.7B L39 DT 2.7B R39 DT 2.7 L39 DT 2.7 R39 DT 3.5 L39 DT 3.5 R39 DT 3.5 SM L3 TPLO plates9 DT 3.5 SM R3Plates used in CORA-based Tibial Leveling Osteotomy proceduresPlates used in Tibial Plateau Leveling Osteotomy procedures	US 11,026,728 B2	1	Willful infringement Entry 637 Entry 555
2 DT 3.5 L32 DT 3.5 R32 DT 3.5 SM L32 DT 3.5 SM R36 DT 2.7 L36 DT 2.7 R36 DT 3.5 L36 DT 3.5 R36 DT 3.5 SM L36 DT 3.5 SM R37 DT 2.7 L37 DT 2.7 R39 DT 2.7B L39 DT 2.7B R39 DT 2.7 L39 DT 2.7 R39 DT 3.5 L39 DT 3.5 R39 DT 3.5 SM L3 TPLO plates9 DT 3.5 SM R3Plates used in CORA-based Tibial Leveling Osteotomy proceduresPlates used in Tibial Plateau Leveling Osteotomy procedures	US 8,523,921 B2	1, 12, 20	Willful infringement Entry 640 Entry 637 Entry 555

Damages

Total Damages:

$59,469,384.00

Other Costs:

$0.00

Dockets:

Compensatory Damages: $59,469,384.00

Entry 637

Depuy Synthes Products, Inc. et al v. Veterinary Orthopedic Implants, Inc. DC CAFC

Depuy Synthes Products, Inc. et al v. Veterinary Orthopedic Implants, Inc. DC CAFC

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Depuy Synthes Products, Inc. et al v. Veterinary Orthopedic Implants, Inc. DC CAFC

Depuy Synthes Products, Inc. et al v. Veterinary Orthopedic Implants, Inc. DC CAFC

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