MiMedx Files Lawsuit Against Liventa, Medline, And Musculoskeletal Transplant
MARIETTA, Ga., April 22, 2014
MARIETTA, Ga., April 22, 2014 /PRNewswire/ --MiMedx Group, Inc. (NASDAQ:
MDXG), an integrated developer, manufacturer and marketer of patent-protected
regenerative biomaterials and bioimplants processed from human amniotic
membrane, announced today that it has filed a patent infringement lawsuit
against Liventa Bioscience, Inc. ("Liventa"), Medline Industries, Inc.
("Medline") and Musculoskeletal Transplant Foundation, Inc. ("MTF") for
permanent injunctive relief and unspecified damages. In addition to the
allegations of infringement of MiMedx's patents, the lawsuit asserts that
Liventa and Medline knowingly and willfully made false and misleading
representations about their respective products to providers, patients and in
some cases, prospective investors. The suit was filed in the United States
District Court for the Northern District of Georgia.
In the suit, MiMedx asserts that Liventa (formerly known as AFCell Medical,
Inc.), Medline and MTF infringed and continue to infringe at least four MiMedx
1. US 8,323,701 – Placental Tissue Grafts.
2. US 8,642,092 – Placental Tissue Grafts.
3. US 8,372,437 - Placental Tissue Grafts.
4. US 8,597,687 – Methods for Determining the Orientation of a Placental
The patents at issue relate to the MiMedx dehydrated human amnion/chorion
membrane ("dHACM") allografts. MTF is the processor and Liventa and Medline
are the distributors of the allegedly infringing products.
Over the last six years, MiMedx has shipped over 225,000 of its dHACM
allografts. In addition to the 11 patents already issued to MiMedx, the
Company has filed 53 other patent applications related to its amnion
technology and MiMedx expects some of these to be issued shortly.
Parker H. "Pete" Petit, Chairman and CEO, said, "MiMedx has a portfolio of
valuable and innovative regenerative medicine patents. The amniotic membrane,
when processed with our proprietary Purion® Process, retains the vast majority
of the growth factors and cytokines that are inherent in the amniotic membrane
itself. Developing the processes that allow this critical retention to occur
and create dHACM allografts with superior healing and regenerative properties
has taken years of research and development. MiMedx has established itself as
the leader in biomaterials produced from human amniotic membrane. We have a
responsibility to the prescribing physicians and their patients to safeguard
our technology. Also, we have responsibilities to our shareholders and
employees to protect the investments we have made in our technology and
"Most egregious among the alleged false and misleading representations are
statements suggesting that the clinical results from the use of products
processed using MiMedx's Purion® Process are the results of clinical tests on
products processed by MTF and marketed by Liventa and Medline," stated Bill
Taylor, President and COO. "These misrepresentations also must be stopped.
MiMedx has spent millions of dollars on product development, and the clinical
effectiveness of our allografts is supported by numerous clinical and
scientific peer-reviewed published studies. Since our allografts are the only
tissue products on the market processed using our patented and proven Purion®
Process, it is misleading for Liventa and Medline to suggest that the clinical
effectiveness of their products is the same as ours."
MiMedx® is an integrated developer, manufacturer and marketer of patent
protected regenerative biomaterial products and bioimplants processed from
human amniotic membrane. "Innovations in Regenerative Biomaterials" is the
framework behind our mission to give physicians products and tissues to help
the body heal itself. Our biomaterial platform technologies include AmnioFix®
and EpiFix®, our tissue technologies processed from human amniotic membrane
that is derived from donated placentas. Through our donor program, mothers
delivering full-term Caesarean section births can elect in advance of delivery
to donate the placenta in lieu of having it discarded as medical waste. We
process the human amniotic membrane utilizing our proprietary PURION® process,
to produce a safe and effective implant. MiMedx® is the leading supplier of
amniotic tissue, having supplied over 225,000 allografts to date for
application in the Wound Care, Surgical, Sports Medicine, Ophthalmic and
Dental sectors of healthcare.
Safe Harbor Statement
This press release includes statements that look forward in time or that
express management's beliefs, expectations or hopes. Such statements are
forward-looking statements within the meaning of the Private Securities
Litigation Reform Act of 1995. These statements include, but are not limited
to, express or implied statements about the Company's ability to maintain and
enforce patent and other intellectual property protection for its product
portfolio and to succeed in its claims relative to false advertising, unfair
trade practices and unfair competition. These statements are based on current
information and belief, and are not guarantees of future performance. Among
the risks and uncertainties that could cause actual results to differ
materially from those indicated by such forward-looking statements include the
uncertainties of litigation, and the risk factors detailed from time to time
in the Company's periodic Securities and Exchange Commission filings,
including, without limitation, its 10-K filing for the fiscal year ended
December 31, 2013. By making these forward-looking statements, the Company
does not undertake to update them in any manner except as may be required by
the Company's disclosure obligations in filings it makes with the Securities
and Exchange Commission under the federal securities laws.
SOURCE MiMedx Group, Inc.
Contact: Michael Senken, Phone: (770) 651-9100
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