Thermal Scalpel in settlement talks with Boston Scientific, St. Jude

October 15, 2009 by MassDevice staff

The surgical cutting tool maker and two of the medical device giants it sued over the technology are in talks to settle the case, after Thermal Scalpel reached a similar deal last week with Covidien.

Thermal Scalpel LLC is in talks with a pair of the medical device giants it sued for infringing its electrically heating surgical cutting tool patent, looking to replicate a a deal it struck last week with Covidien (PDF).

Judge David Folsom of the U.S. District Court for Eastern Texas issued a 30-day stay in the case so the Newport Beach, Calif.-based firm can finalize licensing agreements with Boston Scientific and St. Jude Medical. Thermal Scalpel accused those two, Covidien and some of the industry's other largest players of violating its patent for an "Electrically Heated Surgical Cutting Instrument." The case is still pending against the other defendants,
Smith & Nephew, Medtronic, C.R. Bard, and Arthrocare.

Last week, another Texas judge tossed Covidien and its corporate predecessor, Tyco Healthcare, from the suit after the Acacia Research Corp. subsidiary said it inked a licensing deal to settle the case for an undisclosed amount.

Thermal Scalpel is seeking a judgment of infringement against the other defendants, plus damages, pre- and post-judgment interest and legal fees.