Biomet and EBI Spine Sued By Medtronic for Patent Infringement

Medtronic Sues Biomet and EBI Spine for Patent Infringement

 

MEMPHIS, Tenn.--(BUSINESS WIRE)--Feb. 1, 2006--Medtronic, Inc. (NYSE:MDT) announced today that its spinal business, Medtronic Sofamor Danek, Inc., has filed suit against Biomet Inc. and its subsidiary EBI Spine, L.P. for patent infringement. The suit, which involves seven Medtronic patents and seeks injunctive relief and monetary damages, was filed in the United States District Court for the District of New Jersey.

Three of the patents (6,916,320; 6,592,586; 6,428,542) were purchased by Medtronic in 2005 from Gary K. Michelson, M.D. and involve single-lock anterior cervical plating systems used in cervical spinal fusions. Medtronic claims that a cervical plate marketed by Biomet under the trade name VueLock(R) Anterior Cervical Plate System, and openly promoted as a plate that has a "Secure One Step Locking" mechanism feature, infringes these Michelson patents, now owned by Medtronic. In previous litigation, Biomet and its subsidiary Cross Medical, were found to infringe two different Medtronic cervical plate patents.

The other patents (5,810,878; 6,036,692; 6,440,133; 6,790,209) involve rod reducer instruments and surgical implantation methods commonly used in spinal surgeries to implant pedicle screws. Biomet's pedicle screw systems utilize a rod reducer instrument in a variety of lumbar and thoracic spinal fusion surgeries. Rod reducers are integral to modern spinal surgery, reducing operating room time, improving efficiency and enabling surgical corrections that would be unattainable without the device.

"Medtronic has invested heavily in money, time and resources to develop and incorporate our intellectual property into our commercial products," said Pete Wehrly, senior vice-president and president, Medtronic's Spine and Navigation business. "We guard our intellectual property as one of our most important assets and will take the necessary legal actions to protect the use of our intellectual property in the marketplace."

About Medtronic Sofamor Danek

Medtronic Sofamor Danek, based in Memphis, Tenn., is the global leader in today's spine market and is committed to advancing the treatment of spinal disorders. Medtronic's Spinal business collaborates with world-renowned surgeons, researchers and innovative partners to offer state-of-the-art products and technologies for neurological and spinal conditions. Medtronic is committed to developing affordable, minimally invasive procedures that provide lifestyle friendly surgical therapies. More information about the company and its spinal treatments can be found at www.medtronicsofamordanek.com and its consumer sites, www.back.com, www.iscoliosis.com, www.maturespine.com and www.necksurgery.com.

About Medtronic

Medtronic, Inc. (www.medtronic.com), headquartered in Minneapolis, is the global leader in medical technology - alleviating pain, restoring health, and extending life for millions of people around the world.

Any forward-looking statements are subject to risks and uncertainties such as those described in Medtronic's Quarterly Report on Form 10-Q for the quarter ended October 28, 2005. Actual results may differ materially from anticipated results.

Contacts

Medtronic, Inc.
Public Relations:
Bert Kelly, 901-344-0614
or
Investor Relations:
Rachael Scherer, 763-505-2694

At A Glance

Medtronic, Inc.
Source: via Business Wire Updated  09/16/2005  by company
Headquarters:	Minneapolis, Minnesota
Website:	http://www.medtronic.com
CEO:	Art Collins
Employees:	33,000
Ticker:	MDT  (NYSE)