FDAnews Device Daily Bulletin
Medical Devices / Commercial Operations

Baxter Lawsuit Accuses J&J of Infringing Floseal Patents

Jan. 27, 2014

Baxter International Thursday filed suit alleging that Johnson & Johnson’s SurgiFlo family of products violate six patents relating to Baxter’s Floseal hemostatic matrix.

The lawsuit, lodged in the U.S. District Court for the Northern District of Illinois, Eastern Division, seeks a jury trial and permanent enjoinment of the manufacture, sale and import of SurgiFlo products in the U.S. Baxter is also asking treble damages.

According to the complaint, “SurgiFlo products are especially made or adapted for use in infringing one or more claims” of each of the referenced patents, “either literally or by the doctrine of equivalents.” Both Floseal and SurgiFlo are used during surgery to control bleeding when control by ligature is ineffective or impractical. 

In addition to J&J, the complaint names J&J’s Ethicon division, Ferrosan Medical Devices A/S and Packaging Coordinators, Inc. — Lena Freund

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