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:
TAG: VCR patent litigation update

(Date:7/31/2015)... ... July 31, 2015 , ... Precision Aesthetics is New York’s ... It was also the first provider of Exilis non-surgical fat reduction in New York. ... it has attracted a large International clientele. Many patients travel to New York ...
(Date:7/31/2015)... ... July 31, 2015 , ... ... store run by GoodThreads. The store can be accessed by visiting http://www.curemeso.org/store ... of which are customizable. The best part: whenever a product is purchased, the ...
(Date:7/31/2015)... (PRWEB) , ... July 31, 2015 , ... Sculpted Contours ... the CoolSmooth PRO this week. Zeltiq Aesthetics released this new applicator in the ... January 2014 for treating the outer thighs. The original applicator required a 2 ...
(Date:7/31/2015)... FL (PRWEB) , ... July 31, 2015 , ... ... announced an important workshop at its new True North Conference Center. The medical ... so that the Jacksonville community may be more aligned in the effort to ...
(Date:7/31/2015)... View, CA (PRWEB) , ... July 31, 2015 , ... ... for the athletes, judges, media, and VIPs at the 2015 Vans US Open of ... organic coconut water that can claim “no added sugar” on the market, is a ...
Breaking Medicine News(10 mins):Health News:Mesothelioma Organization Launches New Store 2Health News:Mesothelioma Organization Launches New Store 3Health News:Cooler Coolsculpting in Atlanta: Treatments Now Twice As Fast 2Health News:Cooler Coolsculpting in Atlanta: Treatments Now Twice As Fast 3Health News:Lakeview Health Links Sex Trafficking and Addiction in Special Jacksonville Educational Workshop 2Health News:Lakeview Health Links Sex Trafficking and Addiction in Special Jacksonville Educational Workshop 3Health News:Coco Libre Brings Eco-conscious Hydration to Vans US Open of Surfing 2
(Date:7/31/2015)... According to a new market research report ... Dual-Energy X-ray Absorptiometry (DEXA), Skinfold Calipers, Air Displacement Plethysmography ... to 2019", published by MarketsandMarkets, the global Body Composition ... is estimated to grow to $1,425.7 Million by 2019, ... 2019. Browse 41 market data Tables ...
(Date:7/30/2015)... July 30, 2015 IRIDEX Corporation (NASDAQ: ... second quarter 2015 financial results after the market closes ... with the release, the Company will host a conference ... Eastern Time on Thursday, August 6, 2015 ... other business developments. Interested parties may access ...
(Date:7/30/2015)... 30, 2015  Unichem Pharmaceuticals ( USA ... Hydrochlorothiazide tablets 25 mg 1000-count bottle to the consumer ... measure due to the identification of a Clopidogrel tablet ... The risk associated with mistakenly taking a Clopidogrel ... probability of experiencing Clopidogrel,s side effects which include bleeding ...
Breaking Medicine Technology:Body Composition Analyzers Market Worth $1,425.7 Million by 2019 2Body Composition Analyzers Market Worth $1,425.7 Million by 2019 3Body Composition Analyzers Market Worth $1,425.7 Million by 2019 4IRIDEX Announces Second Quarter 2015 Conference Call and Release Date 2Unichem Pharmaceuticals (USA), Inc. Issues a Voluntary Nationwide Recall of Hydrochlorothiazide Tablets Due to the Potential Presence of Foreign Tablets 2
Cached News: