par Astrid Fiano
, DOTmed News Writer | September 22, 2010
In the latest round of legal maneuverings in the suit brought by St. Jude Medical Inc. against Volcano Corporation over a claim of patent infringement, Volcano has now filed a counterclaim of its own against St. Jude.
In its response filed this week, San Diego, Calif.-based Volcano denies the St. Jude patent claims and asks for a declaratory judgment of non-infringement, invalidity and unenforceability in regard to each of the St. Jude patents that are the subject of the suit.
Volcano says the claims are invalid and unenforceable because they do not meet the requirements of federal law, and because St. Jude allegedly did not disclose to the United States Patent and Trademark Office (USPTO) all information material to the patentability of its inventions.
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According to the counterclaims, Volcano alleges the information withheld from the USPTO was intended to be deceptive, including that the claimed inventions "were already well-known ...and had previously been invented by scientists at Cardiometrics, Inc."
Volcano says Cardiometrics is the predecessor-in-interest of Volcano, and Volcano is the assignee of the Cardiometrics inventions.
The original suit by St. Jude in the U.S. District Court, District of Delaware, claimed that some Volcano products infringed on patents for the St. Jude Medical PressureWire platform. The products in question distributed by Volcano include its PrimeWire.
The St. Jude complaint asks for a judgment determining that Volcano infringed the St. Jude patents, an injunction against further infringement and award of damages. The Volcano counterclaim is also asking for an injunction and monetary damages.
Minneapolis, Minn.-based St. Jude develops medical technology and services focusing on cardiac rhythm management, atrial fibrillation, cardiovascular and neuromodulation. Volcano Corporation develops and manufactures devices to facilitate endovascular procedures and diagnosis of vascular and structural heart disease.