Cases & Deals

Fenwal obtains reversal of $18M jury verdict

Client(s) Fenwal, Inc.

Jones Day successfully defended Fenwal, Inc. and Baxter Healthcare Corp. in a patent infringement action and appeal against Haemonetics Corporation involving a compact centrifuge device. On June 2, 2010, a unanimous panel of the U.S. Court of Appeals for the Federal Circuit overturned an $18 million patent-infringement judgment in favor of Haemonetics Corp. that had been entered against Jones Day clients Fenwal Inc. (a TPG owned company) and Baxter Healthcare Corp. A federal court jury in Massachusetts found infringement of a patent involving a compact blood centrifugal device and awarded Haemonetics $15.7 million in past damages, and the trial judge awarded an additional $2.3 million in prejudgment interest, as well as permanent injunctive relief. Jones Day took over the case from Skadden Arps after the adverse jury award. On appeal, the Federal Circuit agreed with Fenwal and Baxter's arguments and ruled that the Massachusetts court had interpreted the patent claim incorrectly, reversed the judgment and vacated the jury's verdict, and remanded the case to the district court for any further proceedings that may be necessary. Subsequent to the Federal Circuit's ruling, Haemonetics initiated a second action against Fenwal alleging infringement of a redesigned compact blood centrifugal device which Fenwal introduced into the market after the adverse jury verdict. On September 13, 2011, the district court issued a Memorandum and Order granting Fenwal's motion for summary judgment of noninfringement in both cases and entered judgment for Fenwal.

The Jones Day team included John Normile and Peter Thurlow of the Firm's New York office, along with Greg Castanias and Luke Sobota of the Firm's Washington office.

Haemonetics Corp. v. Baxter Healthcare Corp. and Fenwal, Inc., Civil Action Nos. 1-05-cv-12572, 1-09-cv-12107 (D. Mass.) (Judge Gorton); Appeal No. 2009-1557 (Fed. Cir. June 2, 2010)