Covidien wins $176.5M in patent fight with J&J’s Ethicon

COVIDIEN PLC has been awarded $176.5 million in a patent dispute with Ethicon Endo-Surgery Inc. over patent infringement regarding Ethicon's line of Harmonic ultrasonic surgical products.
Posted 3/29/13

MANSFIELD - Medical technology maker Covidien PLC was awarded $176.5 million in a patent infringement suit with Ethicon Endo-Surgery Inc., a Johnson & Johnson company.

The federal court awarded Covidien the $176.5 million verdict upon ruling that several claims of Covidien’s patents were valid, enforceable and infringed by Ethicon in its line of Harmonic ultrasonic surgical products.

“As a global health care market leader, Covidien invests significant resources into creating and developing medical innovations,” Chris Barry, president of advanced surgical technologies at Covidien, said in prepared remarks.

“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. We will continue to vigorously protect our innovative products, solutions and intellectual property,” added Barry.

The amount of the verdict, which could be appealed, was based on an 8 percent royalty rate on infringing sales of Ethicon’s products through March 2012, plus prejudgement interest, said a Covidien release.

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