[Ip-health] J&J compulsory license on patents directed to guiding-catheters for performing angioplasty
James Love
james.love@cptech.org
Fri Nov 17 17:08:01 2006
This case involves a medical technology, and a Czech inventor. The
beneficiary of the compulsory license is J&J. Jamie
Voda v. Cordis Corp., No. CIV-03-1512, 2006 WL 2570614 (W.D. Okla.
Sept. 5, 2006)
Doctor Jan K. Voda, a native of Czechoslovakia, sued Cordis Corp (a
Johnson and Johnson Company). in the Western District of Oklahoma on
October 2003, claiming that the company infringed three of his
patents directed to guiding-catheters for performing angioplasty
(U.S. Patents 5,445,625, 6,083,213, and 6,475,195).
In May, a federal jury decided that Cordis infringed upon the patents
held by Voda and awarded him a 7.5 percent royalty, totaling an
estimated $10 million over the life of the patents. The jury also
found that the infringement by Cordis was willful. Voda moved,
among other things, for treble damages and a permanent injunction.
The court increased the royalties somewhat, but did not treble the
damages, and denied the request for an injunction, under the new eBay
standard, effectively granting a compulsory license to J&J.
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James Love, CPTech / www.cptech.org / mailto:james.love@cptech.org /
tel. +1.202.332.2670 / mobile +1.202.361.3040
"If everyone thinks the same: No one thinks." Bill Walton"