BURKHART v. ARTHREX, INC.

No. 2D21-2223.

350 So.3d 771 (2022)

Stephen S. BURKHART, M.D., and Burkhart Resource Limited Partnership, Appellants, v. ARTHREX, INC., Appellee.

District Court of Appeal of Florida, Second District.

July 1, 2022.


Attorney(s) appearing for the Case

Marie A. Borland and Dennis P. Waggoner of Hill, Ward & Henderson, P.A., Tampa; Chris W. Altenbernd of Banker Lopez Gassler P.A., Tampa; and John C. O'Quinn of Kirkland & Ellis LLP, Washington, District of Columbia, for Appellants.

Marshall P. Bender and Jason Hunter Korn of Dentons Cohen & Grigsby P.C., Naples; and Douglas L. Sawyer , Geoffrey A. Vance , and Mark T. Smith of Perkins Coie LLP, Chicago, Illinois, for Appellee.


Inventor Stephen S. Burkhart, M.D., and his entity, Burkhart Resource Limited Partnership (collectively, Dr. Burkhart), sued medical device company Arthrex, Inc., alleging that Arthrex breached the parties' 2008 royalty agreement by failing to pay the amounts due to him under the agreement. Arthrex filed a counterclaim asserting...

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