COURT AGREES WITH REDUCED JURY AWARD FOR GO MEDICAL IN PATENT CASE VS. MMG AND INMED

The U.S. Court of Appeals for the Federal Circuit rendered a split decision Oct. 27 in a '259 urinary catheter patent case that originated from a lengthy contract dispute.

Australian firm Go Medical Industries sued Alpine Medical, formerly Medical Marketing Group (MMG), and Inmed (doing business as Rüsch), in February 2001 in the U.S. District Court for the Northern District of Georgia alleging:

Patent infringement;

Breach of contract;

Tortious interference with contract;

Conspiracy to breach fiduciary duty;

Trademark infringement; and

Unfair competition.

In 1988, Go entered into a 99-year contract with MMG, giving MMG the exclusive right to distribute the '259 catheters in the U.S. and providing for Go and MMG to share equally in the net profits. The two entities then had a series of conflicts related to sharing profits and litigation costs that led to the recent court case.

In the recent ruling, the appeals court upheld parts of the lower court ruling that had reduced the jury award to Go.

To view the ruling, go to www.fedcir.gov/opinions/05-1241.pdf (http://www.fedcir.gov/opinions/05-1241.pdf).