Appeals court upholds preemption ruling in Medtronic InFuse lawsuit
April 22, 2015 by Brad Perriello
A federal appeals court yesterday upheld a lower court ruling that state-law tort claims are preempted by federal law in a product liability lawsuit brought over Medtronic’s controversial InFuse bone-growth protein.
In a 2-1 decision yesterday, the U.S Court of Appeals for the 10th Circuit rejected plaintiff Patricia Caplinger’s argument that her claims survived preemption because the device was used in a manner not approved by the Food & Drug Administration. Read more
Appeals court declines Medtronic's review bid in NuVasive spat
April 22, 2015 by Brad Perriello
A federal appeals court this week declined Medtronic’s motion to re-hear its decision overturning the lost profits it won in a long-running patent infringement war with spine implant rival NuVasive Inc.
The U.S. Court of Appeals for the Federal Circuit decided in March that a lower court erred in 2011 when it awarded Medtronic $101.2 million in the case, ordering a new trial to determine the correct amount of damages. Read more
Cochlear Ltd. wins reprieve in $131m patent loss to Advanced Bionics
April 21, 2015 by Brad Perriello
Cochlear Ltd. won a reprieve in its $131.2 million patent infringement loss to Advanced Bionics over hearing aid implant technology when a California federal court ordered a new damages trial and invalidated portions of patents’ claims.
The cochlear implant patents were licensed to Advanced Bionics by the Alfred E. Mann Foundation, named for 1 of the inventors of cochlear implant technology. The foundation sued Cochlear Ltd. in 2007, alleging infringement of a pair of patents covering the hearing implant technology. Read more
Arthrex loses another appeal bid in $35m loss to KFx
April 21, 2015 by Mark Hollmer
Arthrex lost another bid for an appeal of its $35 million patent infringement loss to orthopedics rival KFx Medical when a federal appeals court declined to revisit the case.
KFx sued Arthrex in August 2011, alleging infringement of its patents by Arthrex’s SutureBridge and SpeedBridge devices for rotator cuff repair and Achilles tendon repair. Read more
Supremes deny BD bid for appeal in Retractable Technologies case
April 23, 2015 by Brad Perriello
Becton Dickinson & Co. this week lost its bid for a U.S. Supreme Court review of its patent infringement loss to safety syringe maker Retractable Technologies.
The Supremes denied BD’s petition for a writ of certiorari April 20, ending 1 chapter in the companies’ long-running battle over the patents covering RTI’s VanishPoint syringes. Read more