Medical device makers look to slip lawsuits on Supreme Court ruling

A trio of medical device makers are looking to slip patent infringement and product liability lawsuits based on recent U.S. Supreme Court rulings governing out-of-state lawsuits. In TC Heartland v. Kraft Foods Group Brands, the Supremes limited the ability of patent holders to sue in other states. Kraft sued TC Heartland in its incorporated state of Delaware over drink powder patents; a lower court blocked TC Heartland’s bid to move the case to its home base of Indiana. In May, the Supreme court reversed that decision, finding that the only place a defendant can be subject to a suit is their home court, a place where infringement occurred or where the defendant has a regular and established place of business. Similarly, in Bristol-Myers Squibb Co. v. Superior Court of California, the pharmaceutical giant was sued by more than 600 plaintiffs alleging injuries from its Plavix drug. The justices overturned a California state court ruling that, although there was little connection between the lawsuits and the Golden State (only 86 plaintiffs hailed from the state), the lawsuits could proceed there because of the company’s extensive links there. “For specific jurisdiction, a defendant’s general connections with the forum are not enough,” Justice Samuel Alito wrote for the 8-1 majority, “The relevant plaintiffs are not California residents and do not claim to have suffered harm in that State. In addition, as in Walden, all the conduct giving rise to th...
Source: Mass Device - Category: Medical Devices Authors: Tags: Legal News Patent Infringement Abbott Boston Scientific Ethicon johnsonandjohnson Personal Injury stjudemedical Source Type: news