Acacia Research Corp. (ACTG), the patent licensing company run by CEO Matthew Vella, was handed another setback yesterday when a jury returned a verdict of non-infringement in a case involving patents for vascular stents.
Newport Beach, Calif.-based Acacia’s EVM Systems LLC in 2013 filed an infringement suit in U.S. District Court in Tyler Texas against Rex Medical LP and Argon Medical Devices Inc. seeking damages from infringement of U.S. Patent No. 8,052,670 B2 for a medical device with a slotted memory metal tube.
The complaint alleged that Rex infringed the ‘670 patent by its manufacture, use, sale, importation, and/or offer for sale of vena cava filter including, but not limited to, the Option vena cava filter. It also alleged that Argon infringed the same patent by entering into an exclusive license deal with Rex for distribution of the Option vena cava filter.
The jury found no infringement under claim 1, though it upheld the validity of claim 1, claim 3 and claim 11 of the patent.
Jonathan Suder, a partner at Friedman Suder & Cooke in Ft. Worth , Texas, couldn’t be reached fro comment.
Officials from Acacia couldn’t be reached for comment.
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