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Covidien Awarded $176.5M in Patent Lawsuit

By Pharmaceutical Processing | March 29, 2013

Irish drug and medical device maker Covidien said Friday that a 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 through March 2012, plus prejudgment interest. The amount of the verdict can be appealed.

“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,” Chris Barry, president of advanced surgical technologies for Covidien, said in a statement.

Ethicon said in a statement that it firmly stands behind its products and intellectual property. The Cincinnati-based company said that it is evaluating the court’s decision and its options for appeal.

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