Wednesday, April 8, 2009

Permanent Injunction Denied in Vascular Graft Case ...

... Because Damages Provided an Adequate Remedy and an Injunction Could Have "Potentially Devastating Public Health Consequences"

Plaintiffs' motion for a permanent injunction precluding the sale of infringing vascular graft products was denied. "Certainly, money damages are not the perfect remedy for Plaintiffs; there is no remedy available at either law or equity that can rewrite the history of [defendant's] objectively reckless and wilful conduct towards [plaintiff] over these past thirty years. Perfection, however, is not the Court’s goal with respect to damages, adequacy is. The Court is satisfied that a fair and full amount of compensatory money damages, when combined with a progressive compulsory license, will adequately compensate Plaintiffs’ injuries, such that the harsh and extraordinary remedy of injunction -- with its potentially devastating public health consequences -- can be avoided."

Bard Peripheral Vasc. v. WL Gore & Associates, 2-03-cv-00597 (AZD March 31, 2009, Order)

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