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This case was last updated from PACER on 06/26/2021 at 08:40:12 (UTC).

Zimmer, Inc. et al v. Exactech Inc.

Case Summary

On April 27, 2021, Zimmer, Inc., Zimmer US, Inc., Biomet Manufacturing, LLC, and Orthosoft ULC d/b/a Zimmer CAS (collectively, “Plaintiffs” or “Zimmer”), represented by Arthur Gollwitzer, III of Michael Best & Friedrich LLP, filed an intellectual property lawsuit against Exactech, Inc. (“Exactech”) seeking damages with prejudgment  and post-judgment interests among other reliefs, for alleged unlawful infringement of United States patents owned by Plaintiff. This case was filed in the U.S. District Court for the Middle District of Florida with Judges Thomas G. Wilson and Mary S. Scriven presiding.

 

Zimmer asserted that Plaintiffs filed this complaint for the alleged infringement of United States Patent No. 10,881,462 titled “Method of Determining a Contour of an Anatomical Structure and Selecting an Orthopaedic Implant to Replicate the Anatomical Structure,” (“the ’462 patent”); United States Patent No. 7,715,602 titled “Method and Apparatus for Reconstructing Bone Surfaces during Surgery,” (“the ’602 patent”); United States Patent No. 7,857,821 titled “Surgical Universal Positioning Block and Tool Guide,”(“the ’821 patent”); United States Patent No. 8,147,496 titled “Surgical Universal Positioning Block and Tool Guide,” (“the ’496 patent”); United States Patent No. 10,426,549 titled “Methods for Patient- Specific Shoulder Arthroplasty,” (“the ’549 patent”); and United States Patent No. 8,506,645 titled “Tibial Augments for Use with Knee Joint Prostheses,” (“the ’645 patent”) (collectively, the “Patents-in-Suit”) owned by them.

 

The Plaintiffs alleged that the Defendant has allegedly infringed Asserted Patents by “ (i) making, using, offering to sell, sells, and/or importing joint replacement implants, tools, and technologies, including the ExactechGPS system, the Truliant Total Knee System, the Equinoxe Planning App, and the Optetrak Logic Revision Knee System (collectively, “the Accused Products”); (ii) making, using, offering to sell, selling, and/or importing, directly or indirectly through intermediaries, at least the ExactechGPS system in this District and throughout the United States; (iii) making, using, offering for sale, selling, and/or importing, products, including at least the ExactechGPS system with the Truliant Total Knee System, which meets every limitation in one or more claims of the ’496 patent either literally or under the doctrine of equivalents; (iv) making, using, offering for sale, selling, and/or importing, products, including at least a suite of implants and instruments for use in knee replacement surgery as part of its Optetrak Logic Revision Knee System.”

 

The Plaintiffs further alleged that “Upon information and belief, Exactech is directly infringing the ’549 patent by making, using, offering to sell, selling, and/or importing, directly or indirectly through intermediaries, at least the Equinoxe Planning App in this District and throughout the United States.”

 

In the six claims for relief laid down by the Plaintiffs, alleged infringement of the Patents-in-Suit in violation of 35 U.S.C. § 271 (b) has been claimed.

 

In the prayer for relief, the Plaintiff has requested the court to declare that Exactech has infringed and is continuing to infringe one or more claims of the Patents-in-Suit, award damages to Zimmer including any and all increased, exemplary, and punitive damages allowed by law; judgment be entered awarding damages pursuant to 35 U.S.C.§ 284, Exactech be ordered to pay prejudgment and post-judgment interest on the damages assessed along with costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    8:21-CV-00995

  • Filing Date:

    04/27/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    Florida Middle District

Judge Details

Referral Judge

Thomas G. Wilson

Presiding Judge

Mary S. Scriven

 

Party Details

Plaintiffs

Zimmer US, Inc.

Orthosoft ULC doing business as Zimmer Cas

Zimmer, Inc.

Biomet Manufacturing, LLC

Defendant

Exactech Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Naveen Modi

Attorney at Paul Hastings, LP

2050 M Street Nw

Washington, DC 20036

Edward L. Birk

Attorney at Marks Gray, PA

Suite 800, 1200 Riverplace Blvd

Jacksonville, FL 32207

Chetan R. Bansal

Attorney at Paul Hastings, LLP

2050 M Street Nw

Washington, DC 20036

Young J. Park

Attorney at Paul Hastings, LLP

200 Park Avenue

New York, NY 10166

Defendant Attorneys

David A Serati

Attorney at Ropes & Gray LLP

1900 University Avenue, 6Th Floor

East Palo Alto, CA 94303

James F Mack

Attorney at Ropes & Gray LLP

1900 University Avenue, 6Th Floor

East Palo Alto, CA 94303

Dennis Parker Waggoner

Attorney at Hill Ward Henderson, PA

101 E Kennedy Blvd - Ste 3700, Po Box 2231

Tampa, FL 33602-5195

Andrew N Thomases

Attorney at Ropes & Gray LLP

1900 University Avenue

East Palo Alto, CA 94303

 

Court Documents

#30

(#30) NOTICE of a related action per Local Rule 1.07(c) by Exactech Inc.. Related case(s): Yes (Waggoner, Dennis) (Entered: 06/23/2021)

#29

(#29) CASE MANAGEMENT REPORT. (Birk, Edward) (Entered: 06/21/2021)

28 #4

Exhibit 4

28 #3

Exhibit 3

28 #2

Exhibit 2

28 #1

Exhibit 1

#28

(#28) NOTICE to the Courts to take judicial notice regarding #27 MOTION to Dismiss Complaint by Exactech Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Waggoner, Dennis) Modified on 6/21/2021 (TDC). (Entered: 06/18/2021)

#27

(#27) MOTION to Dismiss Complaint by Exactech Inc. (Waggoner, Dennis) Modified on 6/21/2021 (TDC). (Entered: 06/18/2021)

#26

(#26) NOTICE of Appearance by David A Serati on behalf of Exactech Inc. (Serati, David) (Entered: 06/16/2021)

1 #13

Proposed Summons

1 #12

Exhibit to Complaint

1 #11

Exhibit to Complaint

1 #9

Exhibit to Complaint

1 #5

Exhibit to Complaint

1 #3

Exhibit to Complaint

1 #2

Exhibit to Complaint

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT for Patent Infringement against All Defendants with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18183197) filed by Zimmer, Inc., Orthosoft ULC, Biomet Manufacturing, LLC, Zimmer US, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit to Complaint, #3 Exhibit to Complaint, #4 Exhibit to Complaint, #5 Exhibit to Complaint, #6 Exhibit to Complaint, #7 Exhibit Exhibit to Complaint, #8 Exhibit to Complaint, #9 Exhibit to Complaint, #10 Exhibit to Complaint, #11 Exhibit to Complaint, #12 Exhibit to Complaint, #13Proposed Summons)(Birk, Edward) Modified on 4/27/2021 (TDC). (Entered: 04/27/2021)

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Docket Entries

  • 06/23/2021
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  • Docket(#30) NOTICE of a related action per Local Rule 1.07(c) by Exactech Inc.. Related case(s): Yes (Waggoner, Dennis) (Entered: 06/23/2021)

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  • 06/21/2021
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  • Docket(#29) CASE MANAGEMENT REPORT. (Birk, Edward) (Entered: 06/21/2021)

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  • 06/18/2021
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  • Docket(#28) NOTICE to the Courts to take judicial notice regarding #27 MOTION to Dismiss Complaint by Exactech Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Waggoner, Dennis) Modified on 6/21/2021 (TDC). (Entered: 06/18/2021)

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  • 06/18/2021
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  • Docket(#27) MOTION to Dismiss Complaint by Exactech Inc. (Waggoner, Dennis) Modified on 6/21/2021 (TDC). (Entered: 06/18/2021)

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  • 06/16/2021
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  • Docket(#26) NOTICE of Appearance by David A Serati on behalf of Exactech Inc. (Serati, David) (Entered: 06/16/2021)

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  • 06/16/2021
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  • Docket(#25) NOTICE of Appearance by James F Mack on behalf of Exactech Inc. (Mack, James) (Entered: 06/16/2021)

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  • 06/16/2021
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  • Docket(#24) NOTICE of Appearance by Andrew N Thomases on behalf of Exactech Inc. (Thomases, Andrew) (Entered: 06/16/2021)

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  • 06/16/2021
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  • Docket(#23) CORPORATE Disclosure Statement by Exactech Inc. identifying Corporate Parent Osteon Intermediate Holdings II, Inc. for Exactech Inc. (Waggoner, Dennis) Modified on 6/16/2021 (TDC). (Entered: 06/16/2021)

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  • 05/20/2021
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  • Docket(#22) ORDER granting #15 defendant's Unopposed Motion for David A. Serati to Appear Pro Hac Vice; granting #16 defendant's Unopposed Motion for Andrew N. Thomases to Appear Pro Hac Vice; granting #17 defendant's Unopposed Motion for James F. Mack to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 5/19/2021. (DMS) (Entered: 05/20/2021)

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  • 05/20/2021
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  • Docket(#21) ORDER denying without prejudice #18 plaintiffs' Motion for Chetan R. Bansal to Appear Pro Hac Vice; granting #19 plaintiffs' Motion for Young J. Park to Appear Pro Hac Vice; denying without prejudice #20 plaintiffs' Motion for Naveen Modi to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 5/19/2021. (DMS) (Entered: 05/20/2021)

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10 More Docket Entries
  • 05/05/2021
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  • Docket(#10) RETURN of service executed on April 28,2021 by Biomet Manufacturing, LLC as to Exactech Inc. (Birk, Edward) Modified on 5/6/2021 (TDC). (Entered: 05/05/2021)

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  • 05/04/2021
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  • Docket(#9) NOTICE of Filing of Return of Service by Biomet Manufacturing, LLC.(Attachments: #1 Exhibit Return of Service)(Birk, Edward) ***COUNSEL NOTIFIED TO SEPARATELY REFILE EXHIBIT AS SUMMONS RETURNED EXECUTED*** Modified on 5/5/2021 (TDC). Modified on 5/5/2021 (TDC). (Entered: 05/04/2021)

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  • 04/27/2021
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  • Docket(#8) Patent Report sent to Alexandria, VA. (Attachments: #1 Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K) (TDC) (Entered: 04/27/2021)

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  • 04/27/2021
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  • Docket(#7) SUMMONS issued as to Exactech Inc. (TDC) (Entered: 04/27/2021)

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  • 04/27/2021
  • Docket(#6) NOTICE to counsel Young J. Park Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (TDC) (Entered: 04/27/2021)

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  • 04/27/2021
  • Docket(#5) NOTICE to counsel Chetan R. Bansal Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (TDC) (Entered: 04/27/2021)

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  • 04/27/2021
  • Docket(#4) NOTICE to counsel Naveen Modi Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (TDC) (Entered: 04/27/2021)

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  • 04/27/2021
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  • Docket(#3) STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 2/1/2021. (DMS) (Entered: 04/27/2021)

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  • 04/27/2021
  • Docket(#2) NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Thomas G. Wilson. New case number: 8:21-cv-0995-MSS-TGW. (SJB) (Entered: 04/27/2021)

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  • 04/27/2021
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  • Docket(#1) COMPLAINT for Patent Infringement against All Defendants with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18183197) filed by Zimmer, Inc., Orthosoft ULC, Biomet Manufacturing, LLC, Zimmer US, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit to Complaint, #3 Exhibit to Complaint, #4 Exhibit to Complaint, #5 Exhibit to Complaint, #6 Exhibit to Complaint, #7 Exhibit Exhibit to Complaint, #8 Exhibit to Complaint, #9 Exhibit to Complaint, #10 Exhibit to Complaint, #11 Exhibit to Complaint, #12 Exhibit to Complaint, #13Proposed Summons)(Birk, Edward) Modified on 4/27/2021 (TDC). (Entered: 04/27/2021)

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