Lerner, David, Littenberg, Krumholz & Mentlik, LLP
Lerner, David, Littenberg, Krumholz & Mentlik, LLP
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Lerner David Littenberg
Krumholz & Mentlik, LLP

600 South Avenue West
Westfield, NJ
07090-1497

Phone: (908) 654-5000

Fax: (908) 654-7866

District Court Grants Howmedica Osteonics' Motion to Stay Further Proceedings Pending Patent Reexam

March 26, 2009
(Westfield, NJ)

Contact:
Ray P. Janeczek
Direct Dial: 908.518.6369 or
rjaneczek@ldlkm.com

 

SYNTHES (U.S.A.) v. STRYKER CORP., Civil Action No. 06-5681-AB (E.D. Pa. Mar. 19, 2009). In this two-year-old patent infringement suit brought by Synthes (U.S.A.) against our client Stryker Corp. and its subsidiary, Howmedica Osteonics Corp., the district court granted our motion to stay further proceedings pending reexamination of Synthes' patent-in-suit, directed to a threaded insert for a bone plate screw hole. Reexamination of Synthes' patent by the United States Patent and Trademark Office was commenced in response to a request for reexamination filed on behalf of Howmedica Osteonics by our firm. In March 2008, the district court had issued a claim construction order broadly construing the patent's claims, which resulted in the request for reexamination. The stay was granted by the district court in the face of arguments by Synthes that the stay motion was a "transparent" attempt to unnecessarily delay the case.

About Lerner, David, Littenberg, Krumholz & Mentlik, LLP
Since its founding in 1969, Lerner David has been devoted exclusively to intellectual property law. The firm has earned a solid reputation for active and effective client representation in the Patent and Trademark Office, in the courts and at the bargaining table — but our role as “counselors” remains paramount. By providing sound, practical advice, Lerner David’s 55+ attorneys help clients make informed, intelligent choices about the benefits and risks associated with intellectual property.