Baxter International, Inc., et al. v. McGaw, Inc.
Published: May 4, 1996 | Result Date: Mar. 14, 1996 | Filing Date: Jan. 1, 1900 |Case number: 95C2723 – $0
Judge
Court
USDC Illinois
Attorneys
Plaintiff
Defendant
Marvin A. Miller
(Miller Law LLC)
Roderick G. Dorman
(McKool Smith Hennigan PC)
Experts
Plaintiff
Jefferey J. Jagmin
(medical)
Terrence Willis
(technical)
Richard Sherwood
(technical)
Vincent L. Vaillancourt
(technical)
Defendant
Neil J. Sheehan
(technical)
Robert E. Browne
(technical)
Facts
During the late 1980s, the plaintiffs, Baxter International, Inc. and Baxter Healthcare Corporation ("Baxter"), developed a line of IV sets that use blunt cannulae and preslit septums in place of sharp needles and conventional septums. Baxter obtained three U.S. Patents on its products in 1992. In 1994, the defendant, McGaw, Inc., introduced a line of needlefree IV sets that competed with Baxter. The plaintiffs brought this action againsts McGaw based on patent infringement theories of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Damages
The plaintiffs claimed $30,000,000 in lost profits or reasonable royalties.
Other Information
The verdict was reached approximately ten months after the case was filed. A settlement conference was held on December 1, 1995, before Judge Lindberg of U.S.D.C. N.D. Ill. which did not resolve the matter. The trial was bifurcated. Following the verdict, the judge determined that two of the three patents in the suit were unenforceable based on inequitable conduct.
Deliberation
30 hours
Poll
8-0
Length
32 days
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