MAKO Surgical Corp. Files New 337 Complaint Regarding Certain Computerized Orthopedic Surgical Devices, Software, And Implants

On March 19, 2013, MAKO Surgical Corp. of Fort Lauderdale, Florida (“MAKO”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Stanmore Implants Worldwide of the United Kingdom and Stanmore Inc. of Plymouth, Massachusetts (collectively, “Stanmore”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain computerized orthopedic surgical devices, software, implants, and components thereof that infringe one more claims of U.S. Patent Nos. 8,010,180 (the ‘180 patent) and 7,831,292 (the ‘292 patent) (collectively, the “asserted patents”).

According to the complaint, the asserted patents generally relate to computerized orthopedic surgical devices, software, and implants.  In particular, the ‘180 patent is directed to a surgical system and method for orthopedic joint replacement.  The surgical system includes a computer system and a surgical device configured to be manipulated by a user, such as a surgeon, to perform a procedure on a patient.  The ‘292 patent is directed to a computer-assisted surgical system and method for providing tactile feedback during a medical procedure to facilitate accurate tissue cutting.

In the complaint, MAKO states that Stanmore imports and sells products that infringe the asserted patents.  The complaint specifically refers to the Stanmore Sculptor RGA as an infringing product.

Regarding domestic industry, MAKO states that it has researched, designed, developed, manufactured, assembled, tested, sold, distributed, serviced, and supported products that practice the asserted patents in the U.S.  According to the complaint, the bulk of MAKO’s activities with respect to its RIO Platform—which practices the ‘180 and ‘292 patents—occur in the U.S.   MAKO specifically refers to its headquarters in Fort Lauderdale, Florida.

As to related litigation, MAKO states that it expects to file a complaint for infringement of the asserted patents in the U.S. District Court for the District of Massachusetts.

With respect to potential remedy, MAKO requests that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed at Stanmore and its affiliates, subsidiaries, successors, and assigns.

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