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. Ethicon offers flexibility across surgical specialties, so you can choose the right trocars for the right job at the right time. 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. Choose ENDOPATH XCEL Trocars for control and consistency. “As a global healthcare market leader, Covidien invests significant resources into creating and developing medical innovations. 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. "he evidence presented at trial shows that Tyco’s and Ethicon’s advanced energy products directly competed with each other," Arterton wrote. Ethicon Code Product Group Brand Clip Size Length QTY/BX LC407: Open Clip Applier LIGACLIP® Large 7.50in 1 LC430: Open Clip Applier LIGACLIP® Large 10.50in 1 LX230: Open Clip Applier LIGACLIP® Medium 10.50in 1 LC320: Open Clip Applier LIGACLIP® Medium/Large 10.50in 1 LX110: Open Clip Applier LIGACLIP® Small 10. 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. Reimagining how we heal For over 100 years, Ethicon has stood side by side with healthcare professionals. 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. Design change leads to premature lockout of Ethicon Endo-Surgery Proximate reloadable linear cutters.
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