Appeals Court stays judgment in Marine Polymer's patent infringement case against HemCon

Nov 20 2010

HemCon Medical Technologies, Inc., announced today that the U.S. Court of Appeals for the Federal Circuit granted HemCon's motion to stay the injunction and final judgment (including the damages award) obtained against it in a patent infringement case brought by Marine Polymer Technologies, Inc. The stay halts any enforcement of the lower court's injunction and damages award while HemCon attempts to have both overturned on appeal, a process expected to take on the order of 12 to 18 months to complete. As a result, HemCon can continue selling its chitosan-based wound care products and will not be required to pay financial damages during this appeal process.

“We believe the appeals court will ultimately agree with our conclusion that our products do not infringe the Marine Polymer patent. We look forward to further presenting our case to the Court.”

"HemCon is extremely pleased that the appellate court agreed that HemCon could continue selling its product line during the pendency of the appeal. We will urge on appeal that the lower court decision finding infringement was incorrect, in part because the Marine Polymer patent is invalid when properly interpreted," said John W. Morgan, HemCon's President and Chief Executive Officer. "The stay is a victory for HemCon's customers, including military personnel whose lives are being saved by HemCon products, and hospital patients who benefit from reduced infection risk and better hemostasis."

The stay is the most recent decision in the patent infringement action instituted by Marine Polymer Technologies, Inc. "In imposing the stay, the Court of Appeals concluded that HemCon had shown a strong likelihood of succeeding on appeal, or at least a substantial case on the merits and that any potential harm weighed in HemCon's favor," Morgan explained. "We believe the appeals court will ultimately agree with our conclusion that our products do not infringe the Marine Polymer patent. We look forward to further presenting our case to the Court."