Originally Published MX November/December 2005

COVER STORY

ArthroCare's fundamental technology is surrounded by one of the strongest, broadest, and deepest intellectual property sets in the medtech industry, according to the company's president and CEO, Michael A. Baker. Following is a rundown of ArthroCare's history of patent litigation and the agreements that have emerged because of it.

ArthroCare v. Ethicon/Johnson & Johnson

Litigation initiated: February 1998

Agreement reached: June 1999

Agreement terms: Ethicon agreed to license ArthroCare's U.S. patents in the arthroscopy and gynecology markets. Ethicon agreed to pay ArthroCare a license fee and ongoing royalties on U.S. sales of certain arthroscopy and gynecology products. The agreement also established a procedure for resolution of certain potential intellectual property disputes in these two markets without litigation. Under this procedure, the licenses granted in the settlement were extended to Australia, Canada, and Japan.

ArthroCare's Super TurboVac is used in sports medicine procedures. (click to enlarge)

ArthroCare v. Stryker Corp.

Litigation initiated: June 2000