On November 11, 2013, Darco International, Inc. filed a lawsuit against Medical Specialties, Inc. in the United States District Court for the Southern District of West Virginia. The lawsuit alleges that Medical Specialties’ PHANTOM Dorsal Night Splint infringes U.S. Patent No. 8,226,589.
The ’589 Patent is entitled “Night Splint with Digital Dorsiflexion.” The application for the ’589 Patent was filed on April 18, 2008, and the ’589 Patent issued on July 24, 2012. The ’589 Patent states that it generally relates to “a splint that can be worn while a user sleeps or rests; the splint holding the foot and ankle at a 90 [degree] angle to apply a mild stretch on the calf muscles and the plantar fascia.” Figure 3 from the ’589 Patent is shown below:
According to Darco’s website, Darco provides “post op, trauma and wound care solutions to the global foot and ankle community.” According to Medical Specialties’ website, Medical Specialties designs and produces orthopedic and sports medicine products.