A well-orchestrated intellectual property strategy requires carefully and thoughtfully leveraging copyright, trademark, and patent laws, as highlighted by a recent decision handed down by the United Sates Court of Appeals for the Federal Circuit: CeramTec GMBH v. CoorsTek Bioceramics LLC.
Background
CeramTec is a manufacturer of artificial hip components using a ceramic material containing chromium oxide (“chromia”), which results in the hip replacement products, marketed under the name “Biolox Delta,” taking on a distinctive pink color.
In the 1990s, CeramTec secured U.S. Patent 5,830,816 (the “Patent”) for…