Extremity Medical Files Patent Suit Against Fusion Orthopedics

Extremity implant maker Extremity Medical filed a lawsuit in Arizona against Fusion Orthopedics alleging infringement on Extremity’s patent for its intraosseous fixation platform, arising from marketing of the IntraLock lapidus system. Extremity alleges willful behavior by Fusion to copy its products and the firm seeks injunctive relief and damages.
 
Fusion president and co-founder Nathan Peterson was an Extremity sales rep from 2011-2019. He founded Fusion in 2014 and released products similar to Extremity’s, including its PEEK HammerFix implant for hammertoe and Express nitinol staple system. Most recently, Fusion released a product similar to Extremity’s IOFiX instrasseous platform, the IntraLock.
 
“After comparing our patent to Fusion’s intraosseous platform, Extremity Medical decided to file suit to defend itself against what it believes to be infringement of a patent covering one of its most innovative products,” Matthew Lyons, CEO, founder, and chairman of Extremity Medical told the press. “It is undisputable that Mr. Peterson had intimate knowledge of Extremity Medical’s products, which he gained while representing Extremity Medical, and that he also had physical access to the Extremity Medical’s unique and patented devices, before starting Fusion Orthopedics.”
 
Extremity’s IP portfolio includes 49 patents in the U.S. and several foreign countries.
 
“Extremity Medical invests a great deal into building and defending its intellectual property portfolio,” said Lyons. “We will not tolerate competitors who blatantly copy our products while infringing on our patent rights. We intend to seek all remedies allowed by law.”