Medtronic sues Kyphon for patent infringement

By Elaine Rigoli

Tampa, Fla., April 17 - Medtronic, Inc. has filed suit against Kyphon, Inc., seeking injunctive relief and monetary damages for alleged patent infringement over four patents related to balloon dilatation catheters and spinal treatment.

The Medtronic patents involved include U.S. Patent Nos. 4,820,349; 5,759,191; 6,179,856; and 6,096,038, according to a news release.

The suit also asks for a declaratory judgment that five Kyphon patents are inapplicable to Medtronic's new osteotome device that treats spinal disorders without the use of a balloon, the release said.

Based on its initial review of the complaint, Kyphon said it strongly believes none of the claims have any merit.

"It seems obvious to us that our bone tamps are not balloon dilatation catheters, which are typically used in percutaneous transluminal coronary angioplasty. We also believe there is no basis on which to seek a declaratory judgment, since we have not directly or indirectly threatened Medtronic with any of our own patents. We will vigorously defend these allegations and challenge Medtronic's inappropriate attempt to usurp our own ability to choose whether, and if so, when and how, to assert our own rights," said David Shaw, Kyphon's vice president, legal affairs and general counsel, in a statement.

The complaint was filed April 13 in the U.S. District Court for the Northern District of California.

Medtronic, based in Minneapolis, is a medical technology development company.

Based in Sunnyvale, Calif., Kyphon develops and markets medical devices designed to restore spinal function using minimally invasive technologies.

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