BioMedical Enterprises announces patent infringement lawsuit stay ordered

Jul 27 2007

BioMedical Enterprises, Inc. (BME), has announced that on July 20th the Honorable Judge Laura Taylor Swain ordered that all proceedings in the patent infringement lawsuit between BME and InteliFUSE, Inc. be stayed pending the Court's disposition of a motion for summary judgment brought by BME.

Due to the fully dispositive nature of BME's motion relating to patent invalidity due to on-sale and public-use bars and further relating to patent unenforceability due to fraudulent conduct before the US Patent Office when obtaining the patents-in-suit, both BME and InteliFUSE jointly requested the stay until a ruling can be made. Each Party is of the belief that resolution of the motion by the Court in its favor will significantly narrow the issues for trial and also, for BME, will result in a complete dismissal of the suit against BME.

"We are pleased with the order to stay, look forward to summary judgment in BME's favor and dismissal of the suit. However, we stand prepared to proceed through trial to defeat this meritless litigation," stated Dr. Casey Fox, CEO, BME.

BioMedical Enterprises, Inc. (BME) is a medical device company that addresses the changing needs in musculoskeletal medicine. BME focuses on minimally invasive orthopaedic instrumentation and implants that elicit a biologic response. BME's focus on memory metal internal fixation implants is changing the shape of orthopaedic medicine. Its specialized history of musculoskeletal research services will continue to produce unique, state of the art orthopaedic products that provide better outcomes for patients and more convenience to surgeons. For more information visit