June 28, 2017
The 3-year patent infringement suit against Medtronic Inc. has likely come to its end resulting in a $23.5 million damage award against the medical technology development company. The suit, filed by Mark A. Barry, MD, in early 2014 alleged that the CD Horizon Legacy spine surgery system infringed the claims of U.S. Patent Nos. 7,670,358, 7,776,072 and 8,361,121. The patents are related and directed to systems and methods for ameliorating spinal column abnormalities, particularly scoliosis.
The specifications of the three patents show a pedicle screw cluster derotation (ie, manipulation) tool coupled to the pedicles of the vertebrae via pedicle screws. The patents disclose that the derotation tool is designed to “simultaneously and safely derotate multiple vertebrae of an affected spinal segment (as well as likewise apply balancing forces to other group(s) of vertebrae which are lateral to the affected segment(s)).”