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:7/25/2014)... This is a professional and ... Galactooligosaccharides (GOS) industry in Global and China. ... industry, including definitions, applications and industry chain structure. ... are provided with a focus on history, developments, ... comparison between the international and Chinese situation is ...
(Date:7/25/2014)... 25, 2014 As thousands of transvaginal ... courts, Bernstein Liebhard LLP notes that the Food & ... consumer advocacy group, Public Citizen, to order a global ... dated May 1, 2014, and released to the public ... for a ban on the marketing of all surgical ...
(Date:7/25/2014)... (HealthDay --, Treatment for lymphoma may lower men,s fertility, ... lymphoma, which are cancers of the body,s white blood ... their reproductive years. For men, treatment for these cancers ... regain their fertility within two years of treatment, the ... possibility of this significant side effect before treatment begins. ...
(Date:7/25/2014)... announced the launch of its ASA Perioperative Surgical ... to improve the patient experience before, during and ... care organizations from across the country will participate ... first time at the ASA,s PSH Learning Collaborative ... PSH collaborative participants will create a network where ...
(Date:7/25/2014)... 25, 2014 The new report ... Feed, Pharmaceuticals and Others), by Type (Amylases, Cellulases, ... Geography - Global Trends & Forecasts to 2019", ... of the global Carbohydrase market with analysis of ... is segmented and values are forecasted on the ...
Breaking Medicine News(10 mins):Health News:GOS Market (Galacto-oligosaccharides) Development in Global & China Regions Now Available at DeepResearchReports.com 2Health News:GOS Market (Galacto-oligosaccharides) Development in Global & China Regions Now Available at DeepResearchReports.com 3Health News:Transvaginal Mesh Lawsuit News: FDA Rejects Petition Seeking Ban and Global Recall of All Transvaginal Mesh Products, Bernstein Liebhard LLP Reports 2Health News:Transvaginal Mesh Lawsuit News: FDA Rejects Petition Seeking Ban and Global Recall of All Transvaginal Mesh Products, Bernstein Liebhard LLP Reports 3Health News:Transvaginal Mesh Lawsuit News: FDA Rejects Petition Seeking Ban and Global Recall of All Transvaginal Mesh Products, Bernstein Liebhard LLP Reports 4Health News:Lymphoma Treatment May Harm, Halt Men's Sperm Production 2Health News:ASA launches national Perioperative Surgical Home learning collaborative 2Health News:ASA launches national Perioperative Surgical Home learning collaborative 3Health News:Carbohydrase Market worth $3,717.7 Million by 2019 - Report by MarketsandMarkets 2Health News:Carbohydrase Market worth $3,717.7 Million by 2019 - Report by MarketsandMarkets 3Health News:Carbohydrase Market worth $3,717.7 Million by 2019 - Report by MarketsandMarkets 4
(Date:7/25/2014)... , July 25, 2014  CVS Caremark Corporation (NYSE: ... call on Tuesday, August 5, 2014, at 8:30 a.m. ... quarter 2014 financial results. An audio webcast ... the Investor Relations portion of the CVS Caremark website ... http://info.cvscaremark.com/investors . This webcast will be archived and ...
(Date:7/25/2014)... , July 25, 2014 Cardinal Health will ... pharmacies as winners of its prestigious Independent Pharmacy Best ... , one of the nation,s largest gatherings of independent ... – family-owned pharmacies from Ohio , ... – were selected for implementing exceptionally creative ...
(Date:7/25/2014)... , July 25, 2014 According ... Research "Global and China Insulin Market (Rapid-Acting, Short-Acting, Intermediate-Acting, ... Size, Share, Growth, Trends and Forecast (Value and Volume), ... at USD 19.99 billion in 2012 and is expected ... to 2019 to reach USD 32.24 billion in 2019. ...
Breaking Medicine Technology:Cardinal Health Announces Three Best Practice Winners for Leading Change in Community Pharmacy 2Cardinal Health Announces Three Best Practice Winners for Leading Change in Community Pharmacy 3Cardinal Health Announces Three Best Practice Winners for Leading Change in Community Pharmacy 4Cardinal Health Announces Three Best Practice Winners for Leading Change in Community Pharmacy 5Cardinal Health Announces Three Best Practice Winners for Leading Change in Community Pharmacy 6Global Insulin Market Expected to Reach USD 32.24 Billion Globally in 2019: Transparency Market Research 2Global Insulin Market Expected to Reach USD 32.24 Billion Globally in 2019: Transparency Market Research 3Global Insulin Market Expected to Reach USD 32.24 Billion Globally in 2019: Transparency Market Research 4
Cached News: