Vertos Secures Injunction in Patent Infringement & Lanham Act Case

Represented Vertos Medical as plaintiff in a patent infringement and Lanham Act case where the defendants knocked off Vertos' medical device kit to treat spinal stenosis. We implemented a creative strategy to pull a broad network of unscrupulous distributors into a single case. We continued to represent Vertos and Stryker after Vertos was acquired by Stryker during the course of the litigation. When the defendants sought to file a qui tam counterclaim under the False Claims Act, we turned the tables, convincing the Government to investigate the defendants and to seek dismissal of the FCA counterclaim. The defendants promptly folded and agreed to a sweeping injunction (Vertos v. Folsom Metal Products, at al, Northern District, Alabama).