Live Webinar“Unbreak My Heart”
04 Aug 2020, 08:00 PM EST (New York)
Thomas Viola RPh, C.C.P
On Tuesday, June 23, 2020, the U.S. District Court for the District of New Mexico, in a ruling by Judge Joseph F. Bataillon, held that EdgeTaper Encore endodontic files sold by US Endodontics and EdgeEndo infringe at least three valid claims of patents asserted by Dentsply Sirona.
Bataillon granted Dentsply Sirona’s motion for summary judgment that each of the three patent claims were infringed by EdgeTaper Encore and that Dentsply Sirona’s three patent claims are valid. The court also rejected EdgeEndo’s request to dismiss Dentsply Sirona’s claim that EdgeEndo’s infringement was willful. A finding of willful infringement allows the court to award treble damages and attorneys’ fees against an adjudicated infringer.
Dentsply Sirona’s case against EdgeEndo and US Endodontics is scheduled for trial before a jury in Albuquerque, New Mexico, beginning on Aug. 17, 2020. At issue will be Dentsply Sirona’s claims for willful infringement and damages with respect to the three claims that have already been held valid and infringed, as well as Dentsply Sirona’s assertion of infringement with respect to additional patent claims.