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Thomson / Gale

Augustine gains verdict over Gaymar, Mallinckrodt in patent dispute

Health Industry Today,  Oct, 1997  

The jury in Minneapolis found that all of the blankets cited in the lawsuit filed by Eden Prairie, Minn.-based Augustine Medical infringed on Augustine's patents. The panel also found that two patents asserted by Mallinckrodt against Augustine Medical were invalid and that these patents were unenforceable.

It also rejected counterclaims by Mallinckrodt and Gaymar against Augustine Medical involving charges of unfair competition and violation of antitrust laws.

At press time, the damages phase of the litigation was scheduled to begin Sept. 15.

In addition, Augustine Medical has asserted the same three patents against other competitors, including Cincinnati Sub-Zero Inc., Seabrook and Smiths Industries Medical Systems, Keene, N.H. Those three cases are expected to go to trial in the near future.

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