Marine Polymer Technologies, Inc. Awarded Permanent Injunction in Patent Infringement Lawsuit Against Competitor, HemCon, Inc.
September 22, 2010
Medical device company Marine Polymer Technologies, Inc. announced that on September 16, 2010, the United States District Court for the District of New Hampshire entered an Order permanently enjoining HemCon, Inc. from infringing Marine Polymer’s United States Patent No. 6,864,245. The Order is the latest ruling in a patent infringement lawsuit, which was filed in March 2006 by Marine Polymer, concerning biocompatible polymers known in the industry as “p-GlcNAc.” The patented polymers are the essential ingredient of hemostatic products designed to prevent severe blood loss. Marine Polymer and HemCon both manufacture hemostatic products containing the patented technology, and the two companies directly compete in the civilian market. The permanent injunction entered against HemCon is effective as of September 16, 2010.
The permanent injunction Order prohibits HemCon and parties acting in concert with it, including HemCon’s distributors, from making, using, selling, offering to sell, distributing, or importing into the United States certain HemCon products that have already been determined by the Court to infringe Marine Polymer’s patent – the HEMCON® BANDAGE (4” x 4”, 2” x 2”, and 2” x 4”), CHITOFLEX™ Dressings, HEMCON® DENTAL DRESSINGS (10 mm x 12 mm and 1” x 3”), and “any other products which are no more than colorably different from these infringing products.” In Marine Polymer’s view, other later-introduced HemCon products, such as the KytoStat™ Bandage, the HemCon® Patch (1.5” x 1.5”), the HemCon® Strip, ChitoGauze™, and GuardaCare, also fall within the scope of the injunction. This is because such products use the same patented biocompatible p-GlcNAc polymer as those products already determined to be infringing and, hence, are “no more than colorably different” from the products identified in the permanent injunction Order.
The permanent injunction comes on the heels of a verdict by a federal jury in April awarding over $29.4 million in damages to Marine Polymer for HemCon’s past infringement. The injunction issued about a month after the Court affirmed the damages award, as well as the validity and enforceability of Marine Polymer’s patent, by denying a multitude of post-trial motions filed by HemCon and granting the post-trial motions filed by Marine Polymer.
“We are very pleased with the Court’s recent orders confirming the validity and enforceability of our patent, and we aim to make sure that all those acting in concert with HemCon are aware of the terms of the injunction as entered by the Court,” said Sergio Finkielsztein, President and CEO of Marine Polymer. Mr. Finkielsztein further stated that his company intends to vigorously oppose any appeal filed by HemCon before the Federal Circuit Court of Appeals.