The two companies have settled a lawsuit ConforMIS filed against Wright in September 2013 alleging the Prophecy knee and ankle systems infringe four of its patents. These agreements memorialize an settlement in principle that was reached in October 2014.
“Wright Medical has infringed, and continues to infringe, directly, contributorily, and/or through the inducement of others, the claimed apparent uses and methods of the ConforMIS patents through at least the Prophecy Pre-Operative Navigation Guides and the Prophecy Inbone Pre-Operative Navigation System that Wright Medical makes, uses, imports, exports, sells, and/or offers for sale,” ConforMIS alleged in its lawsuit. “Given the ConforMIS patents’ groundbreaking nature and Wright Medical’s infringement of these patents, on information and belief, Wright Medical is aware of the ConforMIS patents, has knowledge of the infringing nature of its activities, but has nevertheless continued its infringing activities, and that infringing activity has been and continues to be willful.”
As part of the settlement, ConforMIS has entered into license agreements with both Wright and MicroPort Orthopedics Inc. ConforMIS has granted to MicroPort a non-exclusive, worldwide license under its patent portfolio for the use of certain patient-specific instrumentation in the implantation of non-patient-specific knee devices. Specifically, ConforMIS has granted a license that covers MicroPort’s Prophecy Patient-Specific Instrumentation (PSI) system for use with the Advance and Evolution total knee replacement systems, including both the pin alignment and the resection versions of the Prophecy PSI, which MicroPort acquired from Wright while the dispute was pending in court.
Additionally, ConforMIS has granted to Wright a nonexclusive, worldwide license under its patent portfolio for the use of patient-specific instrumentation in the implantation of implants in the foot and ankle, other than patient-specific implants. This license to Wright covers, among other things, Wright’s Prophecy PSI for use with Wright’s InBone and Infinity total ankle replacement systems.
“We are very pleased to announce these first licenses of our technology for use in the knee, as well as in the foot and ankle. Licensing these patents to MicroPort and Wright substantiates the strength of our intellectual property,” said Philipp Lang, CEO of ConforMIS. “This agreement will help broaden the footprint of patient-specific instrumentation both globally through MicroPort’s worldwide presence and to other joints through Wright’s cutting-edge foot and ankle technology. Additionally, ConforMIS will continue to provide patient-specific instrumentation with customized implants, which is our core business.”
ConforMIS is a medical technology company that uses its proprietary iFit Image-to-Implant technology platform to develop, manufacture and sell joint replacement implants that are individually sized and shaped, or customized, to fit each patient’s unique anatomy.
ConforMIS uses its proprietary iFit imaging technology to develop and manufacture joint replacement implants that are customized to fit each patient’s anatomy.
Based in Bedford, Mass., ConforMIS manufactures patient-specific implants and instruments. The 11-year-old company is privately held.