Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Guidant Corp. holds patents on implantable heart defibrillators that deliver shocks at a rate below that of external defibrillators. The market for such devices is estimated at about $1 billion a year, says plaintiffs’ attorney Timothy J. Malloy. Guidant has licensed them for years to companies including Ventritex Inc. and Telectronics Inc. In 1996, Malloy says, St. Jude Medical Inc. announced that it was acquiring Ventritex. Guidant contended that the Ventritex license expired with the acquisition in May 1997, but “St. Jude commenced selling the same items,” Malloy says. Guidant sued St. Jude Medical, Ventritex and Pacesetter Inc., charging infringement on four patents. One claim was dropped and another dismissed, leaving charges of infringement on Guidant’s patent issued in 1982 on the external programmability of the shock level and infringement on a later patent defining the therapy. St. Jude contended that the Ventritex license was transferable. It had acquired assets of another licensee, Telectronics, and contended that its license should be transferable as well. Last year, it lost on that issue before an arbitrator. St. Jude contended, however, that the Guidant patents were not valid, not infringed on and not enforceable. At trial, an Indianapolis jury found both patents valid and found infringement on the earlier patent; it awarded $140 million. It found no infringement on the later patent. St. Jude says that the decision will have no impact on the company’s revenues or future products because the jury found infringement only on the patent that expired in March 2001. This means, the company says, that Guidant cannot get an injunction on future sales. Post-trial motions have not yet been filed. Plaintiff’s attorneys: Timothy J. Malloy and Stephen Sherry of Chicago’s McAndrews, Held & Malloy; Robert Stanley and John Schaiblen of Indianapolis’ Baker & Daniels. Defense attorneys: John Swenson and Denis Salmon of Los Angeles’ Gibson, Dunn & Crutcher; Michael Rackman of New York’s Gottlieb, Rackman & Reisman; Philip Whistler of Indianapolis’ Ice Miller; Geoffrey Olsen of Los Angeles’ Lyon & Lyon.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.