Mesa - Fusion Orthopedics, LLC announced today that the USPTO's Patent Trial and Appeal Board ('PTAB') has ruled against Extremity Medical, LLC and instituted an inter partes review ('IPR') of U.S. Patent No. 11,298,166 ('166 patent).
As the record currently stands, the PTAB found that the Examiner at the USPTO erred by issuing the '166 patent to Extremity Medical, LLC.
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.
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.
Zimmer Biomet Holdings, Inc. (NYSE: ZBH) ('Zimmer Biomet') alleged that Extremity Medical brought a patent infringement suit against it in 2022 in bad faith, knowing, or willfully ignoring, that the '166 related U.S. Patent No. 8,303,589 claim was invalid, for the sole purpose of harassing and extracting an unreasonable settlement. The PTAB also ruled against Extremity Medical invalidating the patent claim in the Zimmer Biomet dispute. Extremity Medical now faces the possibility of being ordered by the court to pay to Zimmer Biomet $403,009.36 for its fees and costs in being forced to defend against an alleged 'exceptionally meritless patent infringement case'.
Extremity Medical undertook an eerily similar course of action against Paragon 28, Inc. (NYSE: FNA) ('Paragon 28') in Federal Court in 2021. Extremity Medical asserted infringement against Paragon 28 over a '166 related patent that Fusion Orthopedics believes to be invalid (U.S. Patent No. 10,751,097). Paragon 28 may have fallen victim to Extremity Medical's shakedown litigation employed against Zimmer Biomet and Fusion Orthopedics.
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.
Fusion Orthopedics believes Extremity Medical has numerous invalid patents that they may assert against Fusion Orthopedics (E.g., U.S. Patent Nos. 8,303,589, 8,900,274, 9,364,271, 9,877,752, 10,751,097, 'the '166 Patent Family'). This IPR is likely the first of many to be filed against Extremity Medical's '166 Patent Family by Fusion Orthopedics.
As a matter of good public policy, Fusion Orthopedics is deeply committed to combating any such abusive and bad faith legal tactics by Extremity Medical, Matthew Lyons, and others. It is Fusion Orthopedics' practice to recognize and respect valid intellectual property of others. Fusion Orthopedics is undeterred in its pursuit as an innovator in technology related to foot and ankle orthopedic devices. Fusion Orthopedics stands by the disruptive IntraLock product, especially when wrongfully accused of patent infringement.
Contact:
Samuel Rocereta
Tel: (602) 757-3360
Email: sam@fusionorthopedics.com
ZIMMER BIOMET HOLDINGS, INC. 
