Indiana Intellectual Property Law News
Plaintiff OrthoPediatrics Corp. (“OP”) filed a Complaint against fellow Warsaw, Indiana corporation, WishBone Medical, Inc. (“WishBone”). They are alleging patent infringement concerning U.S. Patent No. 8,777,998, titled “Pediatric Long Bone Support or Fixation Plate.”
The complaint states that the Plaintiff (OP) has designed and patented an innovative orthopedic plate system explicitly made for pediatric patients. They claim that the patent in question addresses a longstanding issue in pediatric orthopedics—specifically adapting adult implants for use in children, which poses risks such as damaging the epiphyseal plate or stunting bone growth.
The Plaintiff asserts that WishBone’s introduction of their “PRIMA™ Femoral Locking Plate System” infringes upon Patent 8,777,998 through alleged replication of at least three of its claimed features. OP further asserts that in addition to manufacturing their own allegedly infringing product, WishBone also markets and sells the product.
OP’s legal action seeks various forms of relief, including a declaration that Patent 8,777,998 is enforceable and infringed by WishBone, a request for damages resulting from the alleged infringement, an injunction to prevent further infringement, and a demand for attorneys’ fees under applicable statutes.
This case has been assigned to Judge Damon R. Leichty and Magistrate Judge Michael G. Gotsch, Sr., in the U.S. District Court of Northern Indiana, and assigned Case No. 3:23-cv-00491-DRL-MGG.