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U.S. Court Rules in Favor of CoorsTek Medical in Ceramic Hip Suit

CoorsTek Medical, a U.S. manufacturer of implantable ceramic components, announced that the U.S. District Court for Colorado has ruled in favor of CoorsTek Medical in its lawsuit challenging trademark and trade dress claims of CeramTec in the U.S. to the color pink for implantable ceramic hip components.

In its order, the court stated that CeramTec does not own any trademark or trade dress rights to the color pink in the U.S., and that CoorsTek Medical's pink-colored CeraSurf®-p ceramic components do not infringe any purported rights of CeramTec in the color pink. The court enjoined CeramTec from interfering with CoorsTek Medical's efforts to market CeraSurf-p ceramic components in the U.S. based on any claim of trademark or trade dress protection for the color pink. 

The pink color of CeraSurf-p is a natural byproduct of chromium oxide used in the manufacturing process. In 1Q16, CeraSurf-p was cleared by FDA for use in hip implants determined by FDA to be substantially equivalent to predicate systems incorporating the latest generation of advanced ceramic material, including Ceramtec’s Biolox Delta. CeraSurf-p ceramic femoral heads and acetabular liners have received regulatory approvals and been distributed for clinical use as bearing surfaces for hip implant systems in South America since 2011 and in Europe since 2012.

The Court acknowledged that CeramTec currently controls ~95% of the U.S. market for implantable ceramic components that are used in hip replacement systems.

CoorsTek Medical initiated the suit against CeramTec in 2014 in response to a cease and desist letter and attempt by CeramTec to claim trademark and trade dress protection in the color pink for its implantable ceramic components.

Source: CoorsTek Medical