Patent Law

The following is excerpted from a press release available at PR Newswire issued today, December 17, 2008, by Orthopedic Development Corporation:

minSURG Corporation, along with its parent company, Orthopedic Development Corporation (ODC), and NuFix, Inc. (NuFix), along with its affiliate Nutech Medical, Inc. (Nutech) are pleased to announce the settlement of the lawsuits styled Orthopedic Development Corporation and MinSurg Corporation vs. Nutech Medical, Inc., NuFix, Inc., Kenneth Horton and Todd Gilbert, Case No. 8:08-cv-00262-T-30TGW, Orthopedic Development Corporation vs. NuFix, Inc. and Nutech Medical, Inc., Case No. 8:08-cv-02064-T-30-MAP, currently pending in the United States District Court for the Middle District of Florida, Tampa Division. The cases were filed by ODC and MinSURG against NuFix, Nutech and their principals, and involve various claims, including ODC's claims of infringement of ODC's United States Design Patent No. D574,495, which protects the design of ODC's surgical Drill Guide that is used in minSURG's TruFUSE(R) Minimally Invasive Facet Fusion Procedures and Systems. Nutech and NuFix denied all wrongdoing and alleged various counterclaims against ODC, MinSURG and one of their principals. The settlement calls for the dismissal of all claims, including ODC's infringement claims and Nutech's counterclaims. Pursuant to an agreed injunction order, NuFix has discontinued sales of its current drill guide design and has agreed to pull its current drill guide design from the marketplace. Nutech and NuFix have also agreed to pay ODC an undisclosed amount in order to resolve the parties' dispute. The remaining terms of the settlement are confidential.