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Puget Bio Ventures, LLC v. Biomet Orthopedics LLC et al. (Judgment on the Pleadings)

Defendant: Biomet Orthopedics LLC et al.

Court: N.D. Ind.

Date: Jul 05, 2018

Docket: 3:10-cv-465

Judge: Judge Jon E. Deguilio

The court granted in-part Biomet’s Motion for Judgment on the Pleadings.  In view of re-examination at the patent office, the court dismissed without prejduice allegations relating to claims 1, 2, 5-13, 21-30, 32, 41-44, 46, and 48 of U.S. Patent No. 7,344,541 (“Methods and apparatus for femoral and tibial resection”).  The court dismissed with prejudice allegations relating to claims 45 and 47 of the ‘541 patent as directed to ineligible subject matter.  The court also dismissed allegations of direct infringement of claims 31 and 33.

The court summarized the issues remaining in the case: “this case is now limited in scope to Puget’s allegations that Biomet willfully induced and contributed to the infringement of claims 31 and 33 of the ‘541 patent.”

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