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)... ... 25, 2016 , ... First Choice Emergency Room , the largest network ... the Medical Director of its new Mesquite-Samuell Farm facility. , “We are pleased ... location,” said Dr. James M. Muzzarelli, Executive Medical Director of First Choice Emergency Room. ...
(Date:6/25/2016)... ... June 25, 2016 , ... Dr. Calvin Johnson ... Recently, he has implemented orthobiologic procedures as a method for treating his patients. ... the first doctors to perform the treatment. Orthobiologics are substances that orthopaedic surgeons ...
(Date:6/25/2016)... ... June 25, 2016 , ... Conventional wisdom preaches the benefits of moderation, whether ... latter, setting the bar too high can result in disappointment, perhaps even self-loathing. However, ... their goal. , Research from PsychTests.com reveals that behind the tendency ...
(Date:6/24/2016)... ... 24, 2016 , ... Those who have experienced traumatic events may suffer from ... avenues, such as drug or alcohol abuse, as a coping mechanism. To avoid this ... coping following a traumatic event. , Trauma sufferers tend to feel a range of ...
(Date:6/24/2016)... ... ... Marcy was in a crisis. Her son James, eight, was out of control. Prone to ... , “When something upset him, he couldn’t control his emotions,” remembers Marcy. “If there ... my other children and say he was going to kill them. If we were ...
Breaking Medicine News(10 mins):
(Date:6/23/2016)... June 23, 2016  MedSource announced today that ... e-clinical software solution of choice.  This latest decision ... value to their clients by offering a state-of-the-art ... relationship establishes nowEDC as the EDC platform of ... full-service clients.  "nowEDC has long been a preferred ...
(Date:6/23/2016)... -- Research and Markets has announced the ... (Organic Chemical (Sugar, Petrochemical, Glycerin), Inorganic Chemical), Functionality (Filler, ... Global Forecast to 2021" report to their offering. ... pharmaceutical excipients market is projected to reach USD 8.1 ... the forecast period 2016 to 2021. ...
(Date:6/23/2016)... , June 23, 2016 Research and ... Devices Medical Market Analysis 2016 - Forecast to 2022" ... The report contains up to date financial data derived ... Assessment of major trends with potential impact on the market ... of market segmentation which comprises of sub markets, regional and ...
Breaking Medicine Technology:
Cached News: