... 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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