Some Boston Scientific claims can proceed: judge
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A federal judge has ruled that some product liability claims against Boston Scientific Corp.  over heart defibrillators can proceed, rejecting the medical device company's motions to dismiss them.
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As part of a federal inquiry into drug and medical-device marketing, Boston Scientific Corp. was asked by Congress last week to submit to investigators internal documents, marketing plans, and clinical data related to its top-selling product, the Taxus drug-coated stent.
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The hit on Qualcomm from a patent suit it lost to rival Broadcom may be slashed because of an unrelated ruling that came down in August.In May, a jury in the U.S. District Court for the Southern District of California found that&#160;Qualcomm infringed three Broadcom patents&#160;and awarded Broadcom $19.6 million. The judge in that case, James Selna, said he would double the damages to more than $39 million because the jury found the infringement was wilful. The damage award isn&#39;t final because other issues in the case are still pending.On Monday, Selna tentatively overturned the double award because of a new standard for proving wilful infringement, said Broadcom attorney David Rosmann. Broadcom can either accept the $19.6 million in direct damages or pursue a new trial in which it would try to prove Qualcomm acted deliberately, he said. Judge Selna ruled any new trial would look at the whole case over again, he said.Broadcom hasn&#39;t decided which path to take, but its priority in the case is getting an injunction to stop Qualcomm from making, using or selling the chips, Rosmann said.&quot;The issue of the injunction is far more important to Broadcom than the damages,&quot; Rosmann said. &quot;We&#39;re hoping to move forward on the injunction as quickly as possible.&quot;In August, the U.S. Court of Appeals for the Federal Circuit upped the ante for patent owners that want to earn higher damages -- they can be as much as tripled -- by proving someone knew they were infringing a patent and did so anyway, according to patent attorney Smith Brittingham of Finnegan, Henderson, Farabow, Garrett &amp; Dunner.&quot;You have to show more comprehension of the situation than you would have had to in the past,&quot; Brittingham said. The Federal Circuit ruling, on a suit against hard-drive vendor Seagate Technology, automatically changed the standard in all federal courts, he said. The ruling could change other pending cases, he said.The new standard probably won&#39;t discourage patent suits among competitors like the Broadcom-Qualcomm dispute, but it may make litigation less attractive for patent-holding companies in the business of suing, Brittingham said.&quot;It&#39;s consistent with the view that ... maybe patent infringement cases have gotten too easy to win and have created an unnecessary drag on business,&quot; he said.Judge Selna asked Broadcom for a decision by the end of this week, Rosmann said. Qualcomm declined to comment on the substance of the case.The suit is one of several between Qualcomm and Broadcom, who are battling over the market for mobile-phone chips.
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An executive of the company that makes the diabetes drug Avandia said a researcher who was among the first to link it to heart problems would be held liable for the $4 billion GlaxoSmithKline PLC lost in stock value as a result of his findings, Dr. John B. Buse testified before congressional investigators yesterday.
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At issue is whether makers of medical equipment approved by the federal government may be sued under state law by patients injured by those devices.
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Judge Joseph Farnan ruled this afternoon that AMD may seek reconsideration for its claim that Intel's allegedly anti-competitive conduct outside the U.S. directly impacts AMD's business inside the U.S. The claim is key to AMD's case against Intel.
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Blog: A judge has ruled that Linden Lab can't dismiss a property case against it, or move the case to arbitration.
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A judge is considering if tobacco companies should be tried on whether they deceived smokers about the safety of light cigarettes.
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Boston Scientific Corp. stock rose more than 5 per cent Wednesday after company executives called a recent recall of its Taxus heart stents a blip and said most of the lost market share has already been recovered.
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A jury in Texas has ruled that Boston Scientificâs drug-coated stents infringe a 1997 patent issued to a radiologist in Princeton, N.J., and has awarded the inventor $431 million in damages, Boston Scientific said Tuesday. The suit by the patent holder, Dr. Bruce N. Saffran, did not seek to halt sales of the stents.
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Companies battling lawsuits brought by people claiming injuries caused by asbestos or silica have long contended that they are the victims of fraud, and those companies may finally have evidence.
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Food and Drug Administration approval of a drug label does not clear the manufacturer of claims that its warnings were inadequate, a judge ruled.
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The U.S. Food and Drug Administration  expects to inspect Boston Scientific Corp.'s Galway, Ireland  factory in the "near future" as part of its probe into the  company's coronary stent recall, the Wall Street Journal said  on Friday.
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SAN FRANCISCO A federal judge in San Francisco says she will not immediately dismiss charges against four men accused of distributing steroids to top athletes.
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The U.S. Food and Drug Administration expects to inspect Boston Scientific Corp.'s Galway, Ireland factory in the "near future" as part of its probe into the company's coronary stent recall, the Wall Street Journal said on Friday.
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In a bid to speed compensation to victims of the Sept. 11 terrorist attacks, a judge has taken the unusual step of scheduling trials to determine damages before a jury even determines who can be blamed.
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A federal judge in Massachusetts ruled on Thursday that pharmaceutical companies AstraZeneca, Bristol-Myers Squibb and Schering-Plough Corp. subsidiary Warrick Pharmaceuticals falsely marked up U.S. drug prices at various times through 2003.