RAYNHAM, MA, September 15, 2008 - DePuy Spine, Inc. and Biedermann Motech GmbH have agreed to settle a patent infringement lawsuit against Allez Spine for payment of an undisclosed amount and a royalty-bearing license on sales of the Laguna system, it was announced today.
In the lawsuit, DePuy Spine and Biedermann Motech accused Allez's Lagunaâ screw products of infringing U.S. Patent No. 5,207,678 (the "678 Patent"). Pursuant to the agreement reached by the parties, Allez will make a settlement payment to DePuy Spine and Biedermann Motech. In addition, Allez has entered into a stipulation, admitting that the '678 Patent is valid and enforceable, and further admitting that the claims of the '678 Patent cover its Lagunaâ screw products.
As part of the settlement, DePuy Spine and Biedermann Motech granted Allez a license under the '678 Patent to continue making, using and selling its Laguna® screw products. Under the terms of the License Agreement, Allez must pay a royalty on sales of the Laguna® system.
"This is an important victory for DePuy Spine and Biedermann Motech," said Gary Fischetti, Worldwide President of DePuy Spine. "We are pleased to have reached an amicable resolution with Allez and put this matter behind us. This settlement ties to our overall strategy to defend our patent portfolio and realize value for our intellectual property. We will continue to enforce our patent rights to enhance our ability to pioneer innovative solutions for spinal disorders."
About DePuy Spine
DePuy Spine, Inc., a Johnson & Johnson company, has worked and partnered with leading clinicians, researchers, and thought leaders to develop products to treat spine disorders for over 20 years. The company is committed to advancing the knowledge of all health care professionals and their patients in addressing spinal pathologies.