Medical Device – Product Patent Infringement

Irish drug and medical device maker Covidien said that  federal court in Connecticut has awarded it $176.5 million after ruling that a Johnson & Johnson unit infringed on three of its ultrasonic surgical products patents.

The lawsuit against J&J’s Ethicon Endo-Surgery Inc. was related to Ethicon’s Harmonic line of ultrasonic surgical products.

Covidien PLC said that the damage award was based on an 8 percent royalty rate on infringing sales and interest. Although, the damage award was stated in the judgement, it can be appealed

The Cincinnati-based company said that it is evaluating all the options in order to appeal against the case.

The author is a patent professional from MR Technollect, an IP Consulting firm, New Delhi.

Visit us at http://www.mrtechnollect.com for any IP related query.

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