Chelmsford, Mass.-based Zoll Medical said today it was awarded $3.3 million in damages from a federal jury in Boston, but that it was also ordered to pay Philips $10.4 million in damages for infringing on 2 patents associated with monitoring patient impedance.
“We are satisfied that the jury has been fair in awarding reasonable damages under the circumstances. The patents in question are all expired and there is no impact on Zoll’s day-to-day business. We look forward to continuing to focus on market opportunities where our defibrillator technology enjoys standard of care status,” Zoll CEO Jonathan Rennert said in a prepared statement.
The ruling is only the latest in an ongoing patent infringement case between the companies.
In April, 2014, a federal appeals court shut down Zoll Medical‘s bid to force the U.S. Patent & Trademark Office to review 8 patents owned by Philips, ruling that it lacks the authority to overturn the patent office’s decisions on whether to grant a review and granting Philips’ motion for dismissal.
Zoll and Philips have battled for years in the courts over their respective automated external defibrillator technology. This case began when Philips sued Zoll in 2010, according to court documents, alleging infringement of 6 AED patents (a later suit, filed by Philips in 2012, claimed infringement of those patents plus another 2 not named in the original lawsuit).
In 2013 Zoll asked the patent board for inter partes review of the 8 patents, hoping for invalidity rulings. But the patent office demurred, prompting Zoll to ask the U.S. Court of Appeals for the Federal Circuit to compel the patent office to grant its request for review.