We will continue to vigorously protect our innovative products, solutions and intellectual property,” said Chris Barry, Covidien’s advanced surgical technologies president, in prepared remarks. 29mm Powered Circular with Gripping Surface Technology and 3D Staples. We are pleased that the federal court recognized our innovation in ultrasonic surgical devices, finding our patents both valid and infringed by Ethicon Endo-Surgery. 31mm Powered Circular with Gripping Surface Technology and 3D Staples. A defect in these products compromised the integrity of deployed statements, according to the FDA’s recall announcement. “As a global healthcare market leader, Covidien invests significant resources into creating and developing medical innovations. In April 2019, Ethicon initiated the recall of its Endo-Surgery staplers medical devices used during gastrointestinal surgeries to create connections between structures. The royalty damages were $140.1 million and the prejudgment interest amounted to $36.4 million, according to court documents. "Tyco is entitled to 8% royalty damages and 3.25% prejudgment interest for damages in the total amount of $176,500,800.00."Īrterton decided that the infringing sales by Ethicon from April 1, 2004, to March 31, 2012, amounted to $1.75 billion, using that figure to calculate the damages. 5-0 ETHIBOND WHITE 1X24' RB-4 DOUBLE ARMED SOFT PLEDGET 3MM X 3MM X 1.5MM. "he evidence presented at trial shows that Tyco’s and Ethicon’s advanced energy products directly competed with each other," Arterton wrote. Choose ENDOPATH XCEL ® Trocars for control and consistency. Surgical Corp., with products including its Autosonix and LCS ultrasonic scalpels (Covidien’s competing products include its Harmonic Shears, according to the court documents).Ĭovidien "proved infringement of all asserted claims of the patents in suit" but failed to prove willful infringement (closing the door on the possibility of triple damages) and isn’t entitled to lost profits damages or a preliminary injunction, Arterton wrote, according to the documents. Judge Janet Bond Arterton ruled that Ethicon Endo-Surgery infringed 6 claims in 3 patents held by Covidien’s corporate predecessors, Tyco Healthcare and U.S. Consult Ethicons Harmonic® brochure on MedicalExpo. UPDATED March 29, 2013, with comment from Covidien.Ĭovidien (NYSE: COV) won a nearly $177 million victory yesterday over Johnson & Johnson‘s (NYSE: JNJ) Ethicon Endo-Surgery subsidiary in a patent war over ultrasonic scalpel technology. appearance is 'dictated by' its function) Ethicon Endo-Surgery, Inc.
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