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Defense of Patent Infringement


The BGD team represented OrthoPediatrics in defending against a patent infringement lawsuit in the Northern District of Texas.  The accused devices related to orthopaedic devices and procedures used to straighten certain types of misaligned bones in children.  Two patents, each with multiple claims, were asserted against OrthoPediatrics, and plaintiff was seeking several million dollars in damages, as well as a permanent injunction.  After extended negotiations wherein the BGD team demonstrated that the patents were likely invalidated by prior art and that there was no infringement even if the patents survived such a challenge, the parties reached an agreed resolution wherein OrthoPediatrics and its distributors and purchasers were granted a worldwide license to continue to make, market, distribute, and use the accused devices and procedure. 

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