Australia's Ventracor Takes Legal Action Against Heartware Inc
8 January 2005International medical technology company Ventracor Limited (OTC: VTCRY; ASX:VCR) has initiated legal action in the United States District Court for the Southern District of Florida against Heartware Inc. of Mirimar, Miami Florida.
Sydney-based Ventracors complaint alleges Heartware Inc is willfully infringing two of Ventracors established US patents for its leading cardiac assist device, the VentrAssist left ventricular assist device (LVAD) currently in a pivotal clinical trial being conducted in Australia, New Zealand and Europe.
Ventracor Chief Executive Officer, Colin Sutton PhD said: Ventracor has always clearly stated it will vigorously defend its broad patent portfolio and the integrity of its intellectual property."
The suit seeks a judgment that Heartware Inc is willfully infringing Ventracors US Patent No. 6,227,797 and 6,609,883, an award for damages, including treble damages for willful infringement, interest and attorneys fees and a permanent injunction restraining Heartware Inc from continuing infringing Ventracors patents.
Ventracor issued Heartware with a letter requesting the company cease and desist from using and manufacturing the Heartware heart ventricular assist device (HVAD). Heartware Inc failed to provide an assurance it will comply with the cease and desist letter, Ventracor was left with no option but to proceed to protect its patent portfolio, Dr Sutton said.
A copy of the complaint filed and the patents are available at www.ventracor.com. Ventracors two US patents relate to rotary pumps adapted for use as artificial hearts or ventricular assist devices. They cover a seal-less, shaft-less pump featuring open or closed impeller blades with the edges of the blades used as hydrodynamic thrust bearing and with electromagnetic torque provided by the interaction between magnets embedded in the blades and a rotating current pattern generated in coils fixed relative to the pump housing.
About Ventracor Ventracor Limited is an international medical technology company that has developed a life-saving heart pump, the VentrAssist left ventricular assist system (LVAS), for patients in cardiac failure. The company is focused on commercialising the VentrAssist and bringing it to global markets in record time.
Ventracor has successfully completed a pilot trial to establish the safety of the VentrAssist LVAS and is currently running a pivotal trial at leading transplant hospitals in Australia, New Zealand and Europe aimed at gathering data to support a CE marking application and permission to begin sales in Europe.
The VentrAssist LVAS The VentrAssist LVAS provides left heart support and is designed as a permanent alternative to a heart transplant. The titanium alloy pump is implanted below the diaphragm and is connected to the circulatory system using standard fabric tubes known as vascular grafts. The device itself is 2.5 inches (60 mm) in diameter and weighs just 10oz (298 grams).
Contact: Ventracor Limited
+61-2-94063100
Email: info@ventracor.com
Website: www.ventracor.com
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