Thursday, January 16, 2014

U.S. Jury Awards Edwards Lifesciences $394 million in patent damages

I noticed this story in my local paper, the Minneapolis Star-Tribune, this morning.  The patent in suit relates to a transcatheter aortic valve.  There will undoubtedly be postverdict motions and an appeal, and there are no reported decisions in the case on Westlaw, so I don't have much to comment about at this point, other than to note that this is a second large patent damages award in favor of Edwards and against CoreValve (a subsidiary of Medtronic).  I blogged about a previous decision, involving a different U.S. patent relating to transcather heart valves, here.  According to the Star-Tribune story, Medtronic believes the damages will be reduced by $40 million because of overlap with the damages awarded in that other case.  The article also states that an injunction against Medtronic was lifted in Germany after the patent in suit in a case there was invalidated by the EPO, and that it remains to be seen whether the district court in yesterday's case will enter an injunction.  For other coverage of yesterday's jury verdict, see here and here.

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