Appellate Court reverses jury verdict - rules competitors did not infringe on patents owned by Augustine Medical.The Federal Circuit Court of Appeals has overturned a 1997 federal district court jury decision that Mallinckrodt Medical, Inc. (St. Louis, MO) and Gaymar Industries, Inc. Orchard Park Orchard Park may refer to the following locations in: Erie County, New York:
A federal court jury in Minneapolis had determined in August 1997 that all blankets named in the lawsuits against Mallinckrodt and Gaymar infringed Augustine Medical's patents. On June 8, the Federal Circuit Court of Appeals reversed the jury's decision. "Obviously, we are disappointed with the appellate court's decision," said Scott Augustine, MD, chairman and founder of Augustine Medical and inventor of the Bair Hugger line of temperature management products. "However, this was one round in a long fight. We have other patents that are not affected by this decision. We will enforce them. "This does not substantially change our company's strategy. There is overwhelming proof that using forced air warming before, during and after surgery prevents postoperative complications postoperative complications, n.pl unexpected problems that arise following surgery. The most frequent are bleeding, infection, and protracted pain. such as cardiac problems and infections, shortens hospital stays and lowers health care costs. In the future, we will see forced air warming used in more types of surgeries, in both inpatient and outpatient settings." The decision does not change Augustine Medical's commitment to its product line. "As the pioneer of forced air temperature management, we have the responsibility to aggressively protect our technology," Dr. Augustine said. "Despite the outcome of this appeal, we will continue to defend our intellectual property against imitation." In April 1998, Augustine Medical initiated patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver. litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. against 10 other defendants in Federal District Court in Minneapolis. The company expects that this suit, which had been stayed pending the appellate court A court having jurisdiction to review decisions of a trial-level or other lower court. An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed. decision, will now move forward. Augustine Medical, a privately-held medical device company, develops products that provide innovative, practical solutions to common medical problems. The company, founded in 1987, pioneered the concept of perioperative perioperative /peri·op·er·a·tive/ (-op´er-ah-tiv) pertaining to the period extending from the time of hospitalization for surgery to the time of discharge. per·i·op·er·a·tive adj. temperature management with its Total Temperature Management system, which includes forced air warming units, fluid warming systems and blankets sold under the well-known brand name Bair Hugger. Based on documented improvements in clinical outcomes, Bair Hugger therapy has become the standard of care for preventing hypothermia hypothermia Abnormally low body temperature, with slowing of physiological activity. It is artificially induced (usually with ice baths) for certain surgical procedures and cancer treatments. in surgical patients. Augustine Medical also markets Warm-Up active wound therapy, the only noncontact thermal wound care system available today. Augustine Medical's fiscal year 1999 net sales Net Sales The amount a seller receives from the buyer after costs associated with the sale are deducted. Notes: This amount is calculated by subtracting the following items from gross sales: merchandise returned for credit, allowances for damaged or missing goods, freight reached a record high of $46 million. Bair Hugger, Total Temperature Management and Warm-Up are registered trademarks of Augustine Medical. |
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