Covidien files answer and counterclaims against Applied Medical for patent misuse, non-infringement

Covidien (NYSE:COV), a leading global provider of healthcare products, today announced that a subsidiary of the Company filed an answer and counterclaims against Applied Medical Resources Corporation for patent misuse, non-infringement and invalidity.

The action is related to Applied's recent claim against unspecified Versaport™ Plus trocar products for alleged infringement of a reissue patent, which was issued on May 17, 2011, and will expire February 10, 2013. The reissue patent is based on U.S. Patent 5,407,433 which was previously invalidated when a Federal Court granted a motion for summary judgment by a Covidien affiliate.

This is the fifth time since 2003 that Applied has alleged patent infringement against a Covidien trocar product. Covidien has won the previous four cases. During that time, Covidien also won a jury verdict against Applied, finding that certain of Applied's Kii® and Universal® trocars infringed a Covidien patent.

In its answer, Covidien denied Applied's claim of patent infringement and asserted various defenses, in addition to the counter-claims for patent misuse, non-infringement and invalidity. The litigation is ongoing and no trial date has been scheduled.

"We will continue to vigorously defend our intellectual property," said Ralph Corradi, Vice President, Endomechanical Franchise, Covidien.