By Dennis Crouch
Edwards Lifesciences v. Medtronic (D. Delaware, 2014)
A Delaware jury has awarded Edwards Lifesciences almost $400 million in lost profit damages for patent infringement and has also determined that the infringement was willful – opening the door to an award of both treble damages and attorney fees.
The patents adjudged to be infringed and not-invalid are both related to prosthetic aortic valve stents. U.S. Patent Nos. 8,002,825 and 7,892,281. Edwards obtained the patent rights as part of a $125 million purchase of Percutaneous Valve Technologies. Judge Sleet has not yet determined whether to issue an injunction as well.
Dennis, slight correction: the ‘825 patent is owned by Edwards, but the ‘281 patent is owned by MDT. The article makes it sound as though Edwards owns both.
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