A patent infringement suit filed in Illinois by Hudson Surgical Design, Inc. against Biomet, Inc. of Warsaw, Indiana has been transferred to the Northern District of Indiana. The suit alleges infringement of Patent No. 7,344,541, “Methods and Apparatus for Femoral and Tibial Resection” which was issued by the U.S. Patent Office. In ordering the transfer, Judge Ruben Castillo of the Northern District of Illinois stated, “After a careful review of the Defendants’ pending motion to transfer and Plaintiff’s response thereto, the pending motion to transfer is granted for the reasons outlined by Judge William Hart in the related case of Hudson v. DePuy, 10 C 2103 and for the reasons set forth in the pending motion pursuant to 28 U.S.C. §1404(a). In the Indiana Court, the case has been assigned to Chief Judge Philip P. Simon and Magistrate Judge Christopher A. Nuechterlein.
Practice Tip: Battles over the court in which an infringement suit will be litigated are common. Sometimes, the outcome of a case is determined by which court will hear the case. Defendants usually vigorously try to have cases filed against them in other states transferred to their home state.
The Northern District of Indiana is home to many medical device and orthopedic implant manufacturers, such as Biomet, DePuy, Zimmer, and Smith and Nephew. As a result, many intellectual property related cases are litigated in the Northern District of Indiana
Filed: November 4, 2010 as 3:2010cv00465
Defendant: Biomet Inc
Counter_claimant: Biomet Inc
Cause Of Action: Patent Infringement