Orthopaedic Hospital Sues DePuy Orthopaedics on Polyethylene Implant Technology

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On February 24, 2014, Orthopaedic Hospital filed a lawsuit against DePuy Orthopaedics, Inc. in the United States District Court for the Central District of California.  The complaint alleges that DePuy’s AOX Antioxidant Polyethylene for its Sigma and LCS Rotating Platform Knee Systems infringes U.S. Patent No. 8,658,710 (“the ‘710 Patent”).

The ‘710 Patent is entitled “Oxidation-Resistant and Wear-Resistant Polyethylenes for Human Joint Replacements and Methods for Making Them” and was issued on February 25, 2014.  According to the Abstract, the patent describes “methods for making oxidation-resistant and wear-resistant polyethylenes and medical implants made therefrom.  Preferably, the implants are components of prosthetic joints, e.g., a bearing component of an artificial hip or knee joint.”

According to its website, Orthopaedic Hospital is a nonprofit corporation that treats children with musculoskeletal disorders and conducts orthopaedic research.  Its primary location is in downtown Los Angeles.  According to its website, DePuy Orthopaedics , a Johnson & Johnson company, offers orthopaedic devices and supplies, including hip, knee, extremity, trauma, cement, and operating room products.

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