Appeals Court Affirms Tyco International Ltd. / U.S. Surgical Willfully Infringed Applied Medical Patent For Second Time And Affirms $64.5 Million Judgment

RANCHO SANTA MARGARITA, Calif., Jan. 26 /PRNewswire/ -- Applied Medical Resources Corporation announced today that the United States Court of Appeals for the Federal Circuit denied the appeal by Tyco International / US Surgical Corporation (USSC) to set aside the $64.5 million and willfulness judgments in a case initiated by Applied Medical in 1999.

This ruling comes nearly nine years after USSC started infringing a key Applied Medical trocar patent for the second time. Notably, in 1998, the Court also affirmed $20.5 million and willfulness judgments against USSC as a result of USSC’s first infringement of the same Applied Medical trocar patent (the Applied I case). Highlighting USSC’s pattern of willful misconduct, in the Court’s January 24, 2006 opinion, the Court wrote, “We agree with Applied that substantial evidence supports the jury’s verdict of willful infringement. ... We also agree that Applied I was relevant to the jury’s willfulness determination.”

In November 2002, Applied Medical also secured an injunction preventing USSC from selling its infringing products. Earlier press releases relating to this case, and a list of the enjoined products by product code and description can be found on Applied Medical’s website at www.appliedmedical.com (Company Information/Press Room). Currently, Applied Medical is pursuing a third patent infringement case against USSC concerning the same trocar patent and the same USSC trocar product line. Trocars are access ports for instruments used during minimally invasive laparoscopic surgery.

About Applied Medical

Applied Medical, based in Rancho Santa Margarita, Calif., is a new generation medical device company with general surgery, vascular and cardio- thoracic surgery, and urology products. Applied Medical pioneered the GelPort(TM) technology for Hand Access Laparoscopic (HAL) surgery. The company currently holds more than 500 issued or pending patents. For more information, visit Applied Medical’s websites at www.appliedmedical.com or www.gelport.com.

Applied Medical Resources Corporation

CONTACT: Mary Jo Stegwell of Applied Medical Resources Corporation,+1-949-713-8000

MORE ON THIS TOPIC