Lawsuit filed over patent of medical splint

CHARLESTON - A patent holder is suing over claims of patent infringement.

Darco International Inc. filed a lawsuit Nov. 11 in U.S. District Court Southern District of West Virginia against Medical Specialties Inc., citing patent infringement.

The plaintiff contends it has a patent numbered 8,226,589 and entitled, "Night Splint with Digital Dorsiflexion.” The defendant advertises and offers for sale on its website a Dorsal Night Splint in violation of the plaintiff's patent, according to the complaint.

The complaint states the defendant was notified of the plaintiff's patent in May 2013. Darco International states the defendant's activities have damaged and will continue to damage the plaintiff.

Darco International is seeking damages under the Patent Act of the United States, including a preliminary and permanent injunction. The plaintiff is being represented in the case by attorneys Charles L. Woody and James S. Crockett, Jr. of Spilman Thomas & Battle PLLC and John F. Rabena, pro hac vice pending, of Sughrue Mion, PLLC.

United States District Court Southern District of West Virginia Case No. 3:13-cv-28672