Mirowski wants another bite at Supreme Court apple in Medtronic lawsuit
August 18, 2014 by Brad Perriello
Mirowski Family Ventures wants the U.S. Supreme Court to revisit its patent battle against Medtronic, asking the high court to reverse an appeals court ruling and court reporting that Medtronic did not infringe defibrillator patents licensed by MFV to Boston Scientific.
In January the Supremes ruled unanimously that MFV must prove that Medtronic’s devices are in violation, even though Medtronic filed the original challenge against the patent in 2003, while still under a sub-license agreement for the technology. Read more
Shareholders sue InVivo Therapeutics, ex-CEO Reynolds over delayed FDA trial
August 20, 2014 by Brad Perriello
InVivo Therapeutics and its former CEO are facing a possible class-action lawsuit alleging that they concealed the truth about how long a clinical trial would take.
InVivo, co-founded by Reynolds based on technology out of MIT professor Robert Langer’s lab, is developing a treatment for spinal cord injury. Read more
Retractable Technologies urges appeals court to leave infringement win over BD alone
August 21, 2014 by Brad Perriello
Retractable Technologies this week asked a federal appeals court not to revisit its damages decision in Retractable’s $7.7 million patent infringement win over Becton Dickinson & Co., calling BD’s argument for a re-hearing “incomprehensible.”
The U.S. Court of Appeals for the Federal Circuit last month denied BD’s motion to have the damages award reconsidered. A lower court jury found that BD infringed patents with both its 1ml and 3ml syringes; the appeals court later ruled that only the smaller size was in violation but left the $7.7 million damages award intact. Read more
Boston Scientific can't sever Pinnacle pelvic mesh cases
August 22, 2014 by Brad Perriello
Boston Scientific last week lost a bid to remove 4 product liability lawsuits from the multi-district litigation filed over its Pinnacle pelvic mesh device when a federal judge dismissed its motion to sever and applied the ruling to all past and future cases added to the MDL.
The Marlborough, Mass.-based medical device company as of August 5 was facing more than 23,000 similar lawsuits in state and federal courts, Boston Scientific said in a regulatory filing this month. Some 1,700 have been consolidated under a Massachusetts state court, the company said; the federal cases have been gathered into an MDL under Judge Joseph Goodwin of the U.S. District Court for Western Virginia. Read more
Allergan can't delay shareholder vote on hostile Valeant bid
August 22, 2014 by Brad Perriello
An insider trading lawsuit brought by Allergan won’t delay a shareholder meeting sought by Valeant Pharmaceuticals and William Ackman’s Pershing Square Capital Management hedge fund for a vote on their $53 billion hostile takeover bid, a federal judge ruled yesterday.
Allergan’s bylaws require 25% of its shareholders to approve a special meeting; Valeant and Pershing Square claim they’ve gathered the requisite number of votes to call the meeting. But Allergan’s lawsuit, invoking another bylaw barring a meeting if federal securities laws were broken, alleges that Valeant and Pershing shared insider information when they worked up their bid. Read more
