An article released by Becker’s Spine Review (…on Halloween, so like…scary) revealed there is a lawsuit initiated by Spinelogik, alleging that Camber Spine’s Spira-C infringes on one of their patents. Filed on Oct 29th, the lawsuit focuses on U.S. Patent No. 8,460,385.[1]
Pulling from the abstract on Google Patents[2]:
Some embodiments of the invention provide an apparatus that (1) delivers a fusion member between two vertebral bodies after at least a portion of the fibrocartilaginous disc between the vertebral bodies has been removed, and (2) affixes the fusion member to the vertebral bodies. In some embodiments, the apparatus includes (1) a fusion member that is delivered and positioned between the vertebral bodies, (2) a delivery mechanism that delivers and positions the fusion member between the vertebral bodies, and (3) an anchoring member that affixes the fusion member to the vertebral bodies.
During my research to find out exactly WHAT part of the patent Spinelogik zeroed in on, I found…welp….Camber isn’t the only company they’re going after for the same patent.
On June 22, 2023, Spinelogik filed a complaint against ZimVie, Inc. regarding the same patent, 8,460,385.[3] However, in December of that same year, the case was dismissed by District Judge Rodney Gilstrap.[4] I’d love to find out the premise for dismissal, but there are only so many free accounts in different areas I’m willing to throw my email out there for.
On November 17, 2023, Spinelogik filed a suit against Globus Medical, also for patent infringement. [5] Products included in this case (which also indicates an infringement of at least 8,460,385) include: COALITION MIS spacer, The CORBEL spacer, The HEDRON IA ALIF spacer, and The INDEPENDENCE MIS spacer.[6] A similarity between these spacers are the curved fixation (according to their website). As of August 22, 2024, the docket was last updated, indicating ongoing proceedings. [7]
What do these all have in common?
Unfortunately, I haven’t been able to narrow that down. As the recent lawsuit mentions an actual device, I looked up what Camber Spine had to say about Spira-C, but without a more in-depth review of that specific patent, I cannot come to a conclusion.
The SPIRA®-C is a cervical interbody fusion device developed by Camber Spine. It features a proprietary 3D-printed titanium design with an osteoconductive microtexture and an arched anatomical structure aimed at promoting faster spinal fusion. The open architecture allows for a large graft volume while maintaining endplate surface contact. SPIRA®-C is available in five footprints to accommodate various patient anatomies and pairs with the ALTIVO™ Cervical plates for synchronized insertion.[8]
References
[1] Behm, C. (2024, October 31). Camber Spine faces patent lawsuit over fixation device. https://www.beckersspine.com/spinal-tech/60966-camber-spine-faces-patent-lawsuit-over-fixation-device.html
[2] Wensel, J. P., & Inc, S. (2008, March 27). US8460385B1 – Fusion member for insertion between vertebral bodies – Google Patents. https://patents.google.com/patent/US8460385B1/en?oq=8%2c460%2c385
[3] Unified Patents – Analytics portal. (n.d.). Retrieved November 4, 2024, from https://portal.unifiedpatents.com/litigation/Texas%20Eastern%20District%20Court/case/2%3A23-cv-00298
[4] Spinelogik, Inc. v. Zimmer Biomet Spine, Inc. et al PURSUANT TO COURT ORDER, DOCKET IN LEAD CASE 2:23CV297 (2:23-cv-00298), Texas Eastern District Court. (n.d.). Retrieved November 4, 2024, from https://www.pacermonitor.com/public/case/49323306/Spinelogik,_Inc_v_Zimmer_Biomet_Spine,_Inc_et_al_PURSUANT_TO_COURT_ORDER,_DOCKET_IN_LEAD_CASE_223CV297
[5] Texas, U. D. C. F. T. E. D. O. (2023, November 17). Spinelogik, Inc. v. Globus Medical, Inc. Justia Dockets & Filings. https://dockets.justia.com/docket/texas/txedce/2:2023cv00529/226257
[6] Unified Patents – Analytics portal. (n.d.-b). Retrieved November 4, 2024, from https://portal.unifiedpatents.com/litigation/Texas%20Eastern%20District%20Court/case/2%253A23-cv-00529
[7] Spinelogik, Inc. v. Globus Medical, Inc. (2:23-cv-00529), Texas Eastern District Court. (n.d.). Retrieved November 4, 2024, from https://www.pacermonitor.com/public/case/51411832/Spinelogik,_Inc_v_Globus_Medical,_Inc
[8] SPIRA-C — Camber Spine med Tech. (n.d.). Camber Spine Med Tech. Retrieved November 4, 2024, from https://www.cambermedtech.com/spira-c
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