Volcano (VOLC) Receives Summary Judgement for Three Patents in St. Jude (STJ) Suit
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As previously disclosed, on July 27, 2010, St. Jude Medical, Inc. (NYSE: STJ) filed a lawsuit against Volcano Corporation (Nasdaq: VOLC) in federal district court in Delaware, alleging that the Company's pressure guide wire products infringe five patents owned by St. Jude. St. Jude is seeking injunctive relief and monetary damages. On September 20, 2010, the Company filed its response, in which it denied the allegations that its PrimeWire products infringe any valid claim of St. Jude's asserted patents. In addition, the Company filed a counterclaim in which it alleged that St. Jude's PressureWire products and its RadiAnalyzer Xpress product infringe or have infringed four of the Company's patents. In the Company's counterclaim, the Company is seeking injunctive relief and monetary damages.
On September 7, 2012, the court heard oral arguments regarding the parties' claim construction positions and pending motions for summary judgment. On October 4, 2012, the court issued an order regarding claim constructions in which it adopted a majority of the Company's claim constructions. The court did adopt certain of St. Jude's claim constructions and created its own claim constructions for certain of the terms being interpreted. On October 11, 2012, the court issued an order in which it denied St. Jude's motions for summary judgment, which if granted would have resulted in the elimination of the Company's patents from the trial. As a result, all four of the Company's asserted patents will remain in the case.
On October 12, 2012, the court issued a series of orders in which it granted certain of the Company's motions for summary judgment with respect to three of the patents asserted by St. Jude. In its orders, the court granted the Company's motion regarding non-infringement with respect to St. Jude's U.S. Patent No. 6,167,763, and consequently summary judgment has been entered for Volcano with respect to such patent and it has been eliminated from the impending trial. The court also granted the Company's summary judgment motions regarding the priority dates of St. Jude's U.S. Patent No. 6,248,083 and U.S. Patent No. 6,112,598.
On September 7, 2012, the court heard oral arguments regarding the parties' claim construction positions and pending motions for summary judgment. On October 4, 2012, the court issued an order regarding claim constructions in which it adopted a majority of the Company's claim constructions. The court did adopt certain of St. Jude's claim constructions and created its own claim constructions for certain of the terms being interpreted. On October 11, 2012, the court issued an order in which it denied St. Jude's motions for summary judgment, which if granted would have resulted in the elimination of the Company's patents from the trial. As a result, all four of the Company's asserted patents will remain in the case.
On October 12, 2012, the court issued a series of orders in which it granted certain of the Company's motions for summary judgment with respect to three of the patents asserted by St. Jude. In its orders, the court granted the Company's motion regarding non-infringement with respect to St. Jude's U.S. Patent No. 6,167,763, and consequently summary judgment has been entered for Volcano with respect to such patent and it has been eliminated from the impending trial. The court also granted the Company's summary judgment motions regarding the priority dates of St. Jude's U.S. Patent No. 6,248,083 and U.S. Patent No. 6,112,598.
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