KFx Awarded a Third Patent for Self-Punching Orthopedic Anchors

KFx Medical has been awarded a third patent for self-punching or self-tapping orthopedic anchors that eliminate the need to drill a hole prior to insertion. Executives say the latest patent is part of a family of patents that are the subject of KFx’s pending patent infringement suit against Arthrex Inc. of Naples, Fla.
 
In April 2015 KFx announced that the U.S. Court of Appeals for the Federal Circuit reaffirmed its ruling upholding a judgment of the U.S. District Court for the Southern District of California that Arthrex infringed three valid KFx patents for double-row rotator cuff repair. The total judgment in favor of KFx amounted to more than $35 million. In the April 2015 ruling, the Appeals Court denied Arthrex’s petition for a rehearing and issued a mandate to enforce the judgment. Arthrex thereafter paid more than $35 million to KFx. In November 2015, the U.S. Supreme Court denied Arthrex’s petition for writ of certiorari.
 
Separately, Arthrex filed suit on July 31, 2015, against KFx and Dr. Joe Tauro alleging various claims. KFx and Tauro denied the allegations, calling the lawsuit baseless. A federal judge dismissed Arthrex’s claims.

KFx filed new patent infringement counterclaims against Arthrex, alleging infringement of two KFx patents for self-punching orthopedic anchors that eliminate the need to drill a hole prior to insertion. The KFx counterclaims remain pending. A trial date has not yet been set.
 
“We are pleased to have the USPTO award the ‘835 patent to add to our family of self-punching or self-tapping anchors. This further supports our pending case versus Arthrex,” said Tate Scott, president and CEO of KFx.
 
KFx is represented by Knobbe Martens of Irvine, CA and COLE SCHOTZ P.C. of Hackensack, N.J., in the matter. Cooley LLP is general counsel to KFx.
 
Headquartered in Solana Beach, Calif., KFx Medical was founded in 2003 to develop products for tissue fixation in a variety of orthopedic surgical procedures performed on the shoulder, knee, foot, and ankle. KFx provides simple systems for orthopedic surgeons focused on sports medicine. The company is privately held—its investors include Alloy Ventures, Charter Life Sciences, Arboretum Ventures, Montreux Equity Partners, and MB Venture Partners.