The U.S. Supreme Court on Monday denied a petition by Arthrex, a Florida-based orthopedic medical device company, to review a case where damages for patent infringement were awarded to San Diego-based KFx Medical Corp.
In April 2015, the U.S. Court of Appeals for the Federal Circuit reaffirmed a Jan. 20, 2015 ruling, that upheld a judgment by the U.S. District Court for the Southern District of California. The court found that Arthrex infringed three of KFx’s patents and awarded them $29 million in damages. Later, the district court awarded additional damages and interest, bringing the total to over $35 million.
On Sept. 4, Arthrex asked the U.S. Supreme Court to hear the case.
KFx develops and manufactures soft tissue fixation implants and bone anchors used in orthopedic surgeries and sports medicine procedures.
“Small companies can indeed win and defend their intellectual property from much, much larger companies,” said W. Tate Scott, president and CEO of KFx, in a release. “The Supreme Court's ruling…has confirmed KFx patents are valid and infringed by Arthrex. We will continue to require other infringers to respect our intellectual property.”
KFx was represented by Joe Jennings of Knobbe Martens.