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Medical Device Patent Battles Persist, Disrupt And Contribute to the High Cost of Healthcare – Not Sexy Anymore

Posted Feb 16 2010 6:57pm

In addition to these 2 cases the article states there is yet another case over another device that both companies manufacturer and a jury overturned the 20 million imagedollar verdict and it goes back to court.  This is starting to sound like our Congress a degree in the fact that nobody can agree and as consumers and taxpayers the end result is the samewe pay.

Next let’s bring in J and J here too as Arthrex was in court with those folks too over orthopedic devices and Arthrex was the winner here.  Recently I posted about the big J and J versus Boston Scientific patent case.  All these patent battles just drive up the cost of healthcare. image

Again I find these useless and not in the current them of reforming healthcare so can’t they act like adults and settle some of these differences outside of court?  imageLast time it was stupid pharma patent cases and this time we have stupid medical device court cases.  Let’s not forget that in November last year J and J announced they were laying off 9000 peopleso now with their big win of 1.7 billionmaybe they can hire some back and even give some Boston Scientific employees jobs that were laid off right after the court decision.  

Legal suits over patents are no longer “sexy” and have little popularity with the patients as we just want to be able to afford one when we need it.  BD 

A jury in Texas ruled that Arthrex Inc. infringed a patent held by Smith & Nephew Inc. (NYSE:SNN) and awarded a $4.7 million judgment to the British medical device giant.

Smith & Nephew's AndoverMass.-based endoscopy division sued NaplesFla.-based Arthrex in 2007 in the United States District Court for Eastern Texasaccusing it of violating a pair of patents covering techniques for attaching anterior cruciate ligament grafts to bone. The companies agreed to dismiss the charges relating to one of the patentsaccording to court documentsbut allowed a jury to decide about the other patent.

That decision went against Arthrexto the tune of nearly $5 millionafter the jury found that its Retrobutton femoral fixation device infringed the remaining patent covering Smith & Nephew's EndoButton fixation device. SNN said it will seek an injunction preventing Arthrex from selling any more Retrobutton products. For its partArthrex said its plans include an appeal and no cessation in Retrobutton sales.

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