The Gloves Are Off

David (niche bunion company Treace Medical Concepts) takes on Goliath (Stryker Corporation) with a newly announced lawsuit, alleging patent infringement on its Lapiplasty bunion system. On October 20, Treace filed a lawsuit against Stryker and its subsidiary Wright Medical Technology, Inc., claiming infringement of nine patents related to Treace’s Lapiplasty system and alleging unfair competition. 

The products in question are part of Stryker's Ortholoc 2 LapiFuse Triplanar Correction System. Treace claims that Stryker infringed on five of the nine patents related to techniques used in performing TMT bunion correction surgery, as well as four of nine patents concerning specific instrumented bunion correction apparatuses and systems.

The Lapidus procedure is not new, nor novel

In the 1930s, Paul Lapidus described an arthrodesis of the first metatarsal-cuneiform joint (MCJ), arthrodesis of the first metatarsal base to the second, exostectomy of the first metatarsal head, and soft tissue repositioning. This was long before the MedTech industry began focusing on the specialized bunion market. 

Sending a message

The bunion space has become increasingly crowded, making differentiation challenging. In the press release related to the lawsuit, John Treace said the suit not only “sends a message” to competitors but also reassures shareholders of the company’s commitment to protecting its investments.