HOME >> MEDICINE >> NEWS
VCR - US patent litigation update

Ventracor Limited (ASX: VCR) today reported that Heartware Inc has failed in its motion in the US District Court in Florida to dismiss patent infringement claims brought against it by Ventracor's subsidiary relating to the LVAD heart valve device.

US Magistrate Judge Seltzer rejected jurisdictional arguments raised by Heartware, and refused to consider evidence upon which Heartware tried to rely. In rejecting Heartware's arguments, the Court described its submissions as "without merit" and "confused". The Court said, that despite Heartware's claims to the contrary, it is certainly possible that through discovery the plaintiffs may learn of facts indicating that some of Heartware's conduct falls outside a specific exemption under US law. The Court went further to say: "By way of example only, if Plaintiffs were to show that Defendant is selling its LVAD in the United States or abroad solely to make a profit, and not for the purpose of gathering data to be later submitted to the FDA, such conduct would not be exempt ".

As the Court said, the plaintiffs should be able to use discovery tools which are available, namely witness depositions, interrogatories, document requests and requests for admissions. The plaintiffs served their first request for discovery and interrogatories on Heartware some weeks ago and, following the Court's ruling, the plaintiffs will pursue the discovery process with expedition.

Ventracor will continue to pursue infringers of its patents. In this litigation Heartware has never denied infringing but rather sought to argue that its conduct falls within a statutory exemption (safe harbour). This safe harbour is limited to "uses reasonably related to the development and submission of data" to the FDA prior to commercialisation.


'"/>

Contact: Andrew Geddes
61-294-063-100
Research Australia
19-Jun-2005


Page: 1

Related medicine news :

1. Panbio files first patent application for Homogenous Assay Technology
2. GroPep awarded key patent for infertility treatment in Europe
3. Acrux patent portfolio advances in USA
4. Resonance Health Goup patent for diagnosis of liver fibrosis
5. Four new us patents granted to Acrux for transdermal drug delivery
6. GroPep news: Key psoriasis patent granted in Japan and new asthma patent filed for GroPep drug
7. Obesity lawsuits lessons learned from tobacco litigation
8. Malpractice litigation wrongly blamed for inconsistent health care
9. Award winning book co-edited by Rutgers College of Nursing Dean updated with new information
10. International journal group updates guidelines on registration of clinical trials
11. New update of international health system comparisons: US continues to lag on most measures

Post Your Comments:
*Name:
*Comment:
*Email:


(Date:6/25/2016)... ... ... Austin residents seeking Mohs surgery services, can now turn to Dr. Jessica ... Peckham for medical and surgical dermatology. , Dr. Dorsey brings specialization to include Mohs ... Mohs Micrographic Surgery completed by Dr. Dorsey was under the direction of Glenn Goldstein, ...
(Date:6/25/2016)... , ... June 25, 2016 , ... ... and non-athletes recover from injury. Recently, he has implemented orthobiologic procedures as a ... area —Johnson is one of the first doctors to perform the treatment. Orthobiologics ...
(Date:6/24/2016)... ... 2016 , ... June 19, 2016 is World Sickle Cell Observance Day. In ... benefits of holistic treatments, Serenity Recovery Center of Marne, Michigan, has issued ... Sickle Cell Disease (SCD) is a disorder of the red blood cells, which can ...
(Date:6/24/2016)... ... ... Comfort Keepers® of San Diego, CA is excited to announce they are ... drive cancer patients to and from their cancer treatments. Comfort Keepers provides quality ... and ongoing independence. Getting to and from medical treatments is one of the ...
(Date:6/24/2016)... Las Vegas, Nevada (PRWEB) , ... June 24, ... ... their Las Vegas client, The Grove Investment Group (TGIG), has initiated cultivation and ... The Grove, in Las Vegas and Pahrump, Nevada. , Puradigm is the manufacturer ...
Breaking Medicine News(10 mins):
(Date:6/23/2016)... 23, 2016 Roche (SIX: RO, ROG; OTCQX: ... its Elecsys BRAHMS PCT (procalcitonin) assay as a dedicated ... shock. With this clearance, Roche is the first IVD ... solution for sepsis risk assessment and management. ... and PCT levels in blood can aid clinicians in ...
(Date:6/23/2016)... , June 23, 2016 ... CAPR ), a biotechnology company focused on the ... announced that patient enrollment in its ongoing randomized ... has exceeded 50% of its 24-patient target. Capricor ... the third quarter of 2016, and to report ...
(Date:6/23/2016)... June 23, 2016 Bracket , a leading ... next generation clinical outcomes platform, Bracket eCOA (SM) 6.0, ... June 26 – 30, 2016 in Philadelphia ... Clinical Outcome Assessment product of its kind to fully integrate ... Bracket eCOA 6.0 is a flexible platform for electronic ...
Breaking Medicine Technology:
Cached News: