Judge gives Bracco partial victory in patent case

A federal judge in the U.S. District Court for Eastern Texas has granted a motion by two subsidiaries of contrast firm Bracco Imaging of Milan, Italy, in a patent infringement lawsuit brought by Hazelwood, MO-based Mallinckrodt, a subsidiary of Covidien of Dublin, Ireland.

Mallinckrodt brought suit against E-Z-EM of Lake Success, NY, and contrast injector developer Acist Medical Systems of Eden Prairie, MN, for allegedly infringing upon the patent of a device used to inject chemicals into MRI patients, according to an article on medical devices Web site Massachusetts Medical Devices Journal. E-Z-EM has since been acquired by Bracco Diagnostics of Princeton, NJ.

Judge T. John Ward on August 25 granted a summary judgment motion that prohibits Mallinckrodt from collecting damages on power injectors sold before June 20, 2007, because, the judge ruled, the patent does not cover injectors made by the two Bracco companies before that date.

Mallinckrodt has requested that the court grant a jury trial to hear the lawsuit, as well as unspecified damages and an injunction against Bracco' Empower devices to prevent further infringement.

Judge Ward's ruling could substantially reduce any awards given to Mallinckrodt in the case, the MassDevice article said.

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