Mesa, AZ, November 5th, 2024, Fusion Orthopedics, LLC wins! Judgment has been entered against Extremity Medical LLC from the USPTO’s Patent Trial and Appeal Board (“PTAB”) through an inter partes review (“IPR”) of U.S. Patent No. 11,298,166 (‘166 patent) wherein the PTAB found 14 claims of the ‘166 patent are invalid and denied both of Extremity Medical, LLC’s motions to amend the claims of the ‘166 patent. (See IPR2023-00894). As the record reflects, dependent claim 11 of the ‘166 patent is also invalid.

Regarding the scope of invalid claim 11, Extremity’s assertion that “a self-tapping edge for removing bone material” is a patentable feature of a bone screw is laughable and, on its face, utterly fails to pass the straight face test. As such, any frivolous efforts by Extremity Medical, LLC to continue to assert invalid claim 11, as they have publicly touted, will likely be held as bad faith, inequitable conduct, and sanctionable, especially considering Fusion’s IntraLock that is manufactured does not contain this element. Fusion will spare no expense to ensure that this last bogus claim 11 is also thrown out as the rest of the claims of the ‘166 Patent already have been.

Fusion will subsequently seek attorneys’ fees and costs for being forced to defend against continued frivolous litigation. Fusion intends to be compensated similar to Zimmer Biomet for such bad faith, malicious tactics by Matthew Lyons’ Extremity Medical, LLC, which is liable to Zimmer Biomet in the amount of $52,573.00 as sanctions in pursuing similar frivolous patent infringement claims.

Extremity Medical, LLC (“Extremity Medical”) allegedly filed the ‘166 patent in 2021 targeting the IntraLock, which launched in 2019, for the sole purpose of attempting to harass and extract an unreasonable settlement from Fusion Orthopedics, LLC (“Fusion Orthopedics”). Subsequently, Extremity Medical filed a bad faith patent infringement lawsuit on April 28th, 2023, allegedly to subdue Fusion Orthopedics’ explosive rise in the foot and ankle market. (See Case No. 22-CV-00723-GMS).

In Federal Court, Extremity Medical has aggressively sought to enforce invalid patent claims within the ‘166 Patent Family against Fusion Orthopedics, Zimmer Biomet, and Paragon 28. In the matter between Extremity Medical and Zimmer Biomet, Extremity Medical was sanctioned in the amount of $52,573.00 for Zimmer Biomet’s attorneys’ fees in pursuing frivolous patent infringement claims. Fusion Orthopedics will likely seek similar monetary relief at the appropriate time against Extremity Medical. (See Case No. 22-CV-00239-GBW). 

Given this history, Fusion Orthopedics believes that baseless shakedown litigation is an accepted business practice of Extremity Medical under the leadership of Matthew Lyons, Extremity Medical’s CEO, Founder, and Chairman of the Board.