Otto Bock HealthCare LP, Minneapolis, Minnesota, filed suit against Össur Hf, Reykjavik, Iceland, and Össur Americas, Foothill Ranch, California, on June 12, in the U.S. District Court for the Central District of California. The suit alleges patent infringement and breach of settlement regarding patented technology incorporated into Ottobock’s Harmony and Triton Harmony vacuum systems.
According to the complaint, Ottobock is seeking to recover damages and obtain an injunctive and other relief from Össur’s infringement of Ottobock’s U.S. Patent No. 6,726,726 BS (Patent ‘726) and Össur’s breach of a settlement agreement between the two companies that was reached in July 2012 in a previous federal district court action brought by Ottobock for infringement on that patent. That claim was filed against Evolution Industries, Orlando, Florida, with Össur Hf recognized as the parent company and owner of Evolution Industries. Ottobock’s current claims arise out of Össur’s manufacture and offer for sale of vacuum-pump systems that infringe Patent ‘726 and Össur’s corresponding breach of its agreement to not make, use, sell, offer for sale, or import any products or goods that fall within the claims of Patent ‘726 for a period equating to the life of the patent. Because the July 2012 settlement also applied to affiliates of both companies, Ottobock is stating that it is therefore also binding on Össur Americas.
Össur and Evolution Industries did cease manufacturing the products at issue in the prior litigation.
By way of this complaint, Ottobock is stating that Össur Hf is currently manufacturing and/or importing at least the following infringing products under its Unity vacuum systems line: Unity Vacuum System for Re-Flex Rotate and Unity Vacuum System for Re-Flex Shock, both of which are sold together under the Iceross Seal-In V liner and a valve kit containing a Unity Valve. Further, since mid-April 2013 Össur Americas is importing, using, offering for sale, and/or selling these infringing products.
