Federal Judge Mary Scriven, U.S. District Court for the Middle District of Florida, released decisions on May 9, 2013, pertaining to a monetary penalty and injunction against WillowWood, Mt. Sterling, Ohio, selling fabric-covered prosthetic liners using a contested gel formulation.
ALPS South, St. Petersburg, Florida, filed the patent infringement case against The Ohio Willow Wood, Mt. Sterling, Ohio, for which the jury trial began on April 30, 2012.
According to Scriven’s order, Ohio Willow Wood and all of its agents, officers, servants, employees, successors, assigns, attorneys, and all other persons acting in concert or participation with the company, are permanently enjoined and restrained from making, using, selling, offering for sale, or importing into the United States any product infringing on the contested gel formulation. The injunction is effective through August 11, 2014, when the patent on the contested gel formulation expires.
WillowWood issued a press release stating that customers may continue to use and sell fabric-covered products they may have in stock that contain WillowWood’s products with previous gel formulations. Alpha Liners using the current Classic and Hybrid gel variants, which the company began selling at the beginning of this year, were not the subject of the litigation.
In a written statement in response to the ruling, WillowWood President Ryan Arborgast said, “While disheartened by Judge Scriven’s decisions, we will not lose sight of our mission to develop and deliver prosthetic products that improve the lives of amputees.”
