Haemonetics Corporation (Haemonetics) said that the US District Court for the District of Massachusetts has made a ruling in the company's lawsuit against Fenwal, Inc. In January 2009, a jury issued a verdict in favor of Haemonetics, finding that Fenwal's ALYX Component Collection System consumable infringes a US Haemonetics patent. The jury awarded Haemonetics $15.7 million in damages for past infringement.
On June 2, 2009, the Court further ruled that, in addition to paying the damages awarded by the jury, Fenwal must stop selling the ALYX consumable by December 1, 2010 and must pay Haemonetics a 10% royalty on ALYX consumable net sales from January 30, 2009 until December 1, 2010 when the injunction takes effect. In addition, the court awarded pre-judgment interest at 5% on the unpaid damages awarded. These rulings may be appealed by Fenwal and/or Baxter.
Brian Concannon, Haemonetics’ president and chief executive officer said, This lawsuit was necessary to protect our Company’s intellectual property. Haemonetics remains dedicated to serving the blood collection industry and working with customers to deliver blood management solutions to improve patient care and reduce healthcare costs. We are prepared to support customers through this transition period.