Medtech rivals St. Jude Medical (NYSE:STJ) and Volcano (NSDQ:VOLC) signed a truce this week to lay down arms in a long-running legal war that involved multiple technologies and subsidiaries on each side.
The companies agreed to settle all existing litigation between them with prejudice and to refrain from filing lawsuits on those technologies for the next 22 years. Neither party paid or received any money or admitted liability as part of the deal.
The agreement closes 7 pending lawsuits filed in courts in Massachusetts, Delaware and in the Federal Circuit:
- LightLab Imaging, Inc. v. Axsun Technologies, Inc. and Volcano Corporation, in the Massachusetts Superior Court and the Massachusetts Supreme Judicial Court (the “Massachusetts Proceeding”);
- Axsun Technologies, Inc. and Volcano Corporation v. LightLab Imaging, Inc., in the Delaware Chancery Court;
- LightLab Imaging, Inc. v. Axsun Technologies, Inc. and Volcano Corporation, in the Delaware Chancery Court;
- St. Jude Medical, Cardiology Division, Inc., St. Jude Medical Systems AB, and St. Jude Medical S.C., Inc. v. Volcano Corporation, in the United States District Court for the District of Delaware;
- St. Jude Medical, Cardiology Division, Inc., St. Jude Medical Systems AB, and St. Jude Medical S.C., Inc. v. Volcano Corporation, in the United States District Court for the District of Delaware;
- Volcano Corporation v. St. Jude Medical, Cardiovascular and Ablation Technologies Division, Inc.; St. Jude Medical, Cardiology Division, Inc.; St. Jude Medical, U.S. Division; St. Jude Medical S.C., Inc.; and St. Jude Medical Systems AB, in the United States District Court for the District of Delaware and the United States Court of Appeals for the Federal Circuit; and
- St. Jude Medical, Cardiology Division, Inc., v. Volcano Corporation, and Michelle K. Lee, Deputy Director, U.S. Patent and Trademark Office, in the United States Patent and Trademark Office and the United States Court of Appeals for the Federal Circuit.
The LightLab lawsuits generally involve patent infringement allegations against Volcano and its Axsun subsidiary for lasers used in optical coherence tomography imaging systems. Volcano acquired Axsun in 2008 and is preparing to divest the company in order to "focus on coronary imaging and physiology leadership, peripheral expansion, profitability and business scale," Volcano president & CEO Scott Huennekens said in the company’s earning report this week.
St. Jude and Volcano have more directly been sparring over a pair of patents for fractional flow reserve devices, designed to measure arterial blood pressure.
The companies have been at war over these technologies for years. Just last month the highest court in Massachusetts largely denied St. Jude’s bid to overturn the few portions of a lower court’s decision that didn’t go its way in the long-running laser technology spat.
VOLC shares were down 26% in the early afternoon today after the company posted its latest earnings results, showing a swing to black on a 1.2% increase in sales.
The company reported profits of $282,000, or 1¢ per diluted share, on sales of $102.6 million during the 3 months ended June 30, 2014. That compared with losses of $2.39 million, or 4¢ per share, on sales of $101.3 million during the same period last year.
Excluding special items, per-share earnings in Q2 2014 was still 1¢, a 66.7% drop year-over-year.
STJ shares were down 0.1% to $63.37 as of about 12:15 p.m. EST.