Law360, a national legal newswire, reported that Judge Tim Leonard of the U.S. District Court for the Western District of Oklahoma is allowing Oklahoma cardiologist and inventor of a guiding heart catheter Jan K. Voda's patent infringement lawsuit against Medtronic, Inc. to go forward. Voda is represented by McAfee & Taft, including lead trial attorney John Kenney, firm shareholder and prominent intellectual property litigator.
Voda has already won a verdict against Cordis Corp., a Florida-based medical device manufacturer and subsidiary of Johnson and Johnson. The court awarded Voda more than $3.5 million in royalty payments and an additional $10.3 million in punitive damages.
The Law360 article reported that "Medtronic moved to dismiss the case, arguing that when Voda licensed the patent to Scimed, he sold the right to bring an infringement suit over the patent unless he got permission from Scimed. Medtronic contended that Scimed had given Voda permission to sue only Cordis, not Medtronic."
"However, Judge Leonard ruled that in a series of letters in 2001, Scimed clearly gave Voda permission to bring infringement suits over the '213 patent against any company," the article states.