Pharmaceutical Business review

minSURG and ODC settle patent litigation with Nutech and NuFix

The cases were filed by Orthopedic Development Corporation (ODC) and minSURG against NuFix, Nutech and their principals, and involve various claims, including ODC’s claims of infringement of its US design patent which protects the design of the company’s surgical Drill Guide that is used in minSURG’s TruFUSE minimally invasive facet fusion procedures and systems.

Nutech and NuFix denied all wrongdoing and alleged various counterclaims against ODC, minSURG and one of their principals. The settlement calls for the dismissal of all claims, including ODC’s infringement claims and Nutech’s counterclaims.

Pursuant to an agreed injunction order, NuFix has discontinued sales of its current drill guide design and has agreed to pull its current drill guide design from the marketplace. Nutech and NuFix have also agreed to pay ODC an undisclosed amount in order to resolve the parties’ dispute. The remaining terms of the settlement are confidential.