SYDNEY--Hearing implant maker Cochlear Ltd. (COH.AU) won a court
victory in the U.S. that could allow it to partially recoup a
US$131.2 million damages payment.
The Australian company said a judge in the Los Angeles district
court ruled that three-out-of-four patent claims that a jury had
previously found Cochlear had infringed upon were invalid.
The judge, however, upheld the jury's verdict of "direct and
contributory" infringement on the one remaining claim, although the
jury's verdict of "wilful" infringement was also overturned.
Cochlear continued to deny it breached any patents and said it
would consider appealing any subsequent damages ruling to the U.S.
Court of Appeals.
"While we appreciate the judge's thorough and detailed analysis
of this case, we strongly believe the facts and law do not support
the jury finding of infringement of the one remaining patent claim
against Cochlear," Chris Roberts, the company's chief executive,
said in a statement.
The lawsuit was brought by the Alfred E. Mann Foundation for
Scientific Research and rival implant maker Advanced Bionics LLC.,
a unit of Sonova Holding AG (SOON.VX)
The judge overturned the full US$131.2 million in damages
awarded by the jury.
A new trial on damages will be held at a future date, Cochlear
said.
Write to Ross Kelly at ross.kelly@wsj.com
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