Medtronic, Kyphon Close Merger, Settle Patent Suit

Law360, New York (November 14, 2007, 12:00 AM EST) -- A judge has signed off on an order formally dismissing a lawsuit over spinal device patents after plaintiff Medtronic Inc. completed its $4.2 billion acquisition of defendant and former medical device rival Kyphon Inc.

U.S. District Judge Susan Illston dismissed the lawsuit Tuesday with prejudice and directed each party to handle its own attorneys' fees and costs. The merger between the parties was consummated on Nov. 2, according to a stipulation filed Nov. 8.

In July, the parties said they wanted to avoid the cost and...
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