Cochlear Loses $131.2 Million Verdict in Hearing-Implant Lawsuit

[hurleysrus]

Cochlear Loses $131.2 Million Verdict in Hearing-Implant Lawsuit - Businessweek

Cochlear Ltd. (COH), an Australian maker of hearing implants, lost a infringement trial over patents related to the devices in Los Angeles, with the jury awarding $131.2 million in damages to the Alfred E. Mann Foundation for Scientific Research.

The jury found that a group of Cochlear’s implants, sound processors and software infringed two of the foundation’s patents, according to the verdict yesterday in federal court. The jury also found that the infringement was willful and rejected Cochlear’s argument that the patents were invalid.

Cochlear said in a statement today that it believes that the facts and the law don’t support the jury’s findings and that it will ask the judge to overturn the verdict and, if needed, file and appeal.

“No judgment has been entered based on the verdict as important issues still remain to be decided by the judge,” the company said. “These decisions may negate some of the findings of the jury and could alter the damages awarded by the jury.”

The Santa Clarita, California-based Alfred E. Mann Foundation for Scientific Research, a nonprofit medical research foundation, filed the lawsuit in 2007. The patents were exclusively licensed to Advanced Bionics LLC, according to Cochlear’s statement.

Alfred E. Mann founded 17 companies and sold nine of them for a total of almost $8 billion, according to the website of the Alfred Mann Foundation. He sold Advanced Bionics Corp., which he had started in 1993, to Boston Scientific Corp. in 2004, according to the website.

He and others bought back part of Advanced Bionics in 2008, according to the website. In 2010, Sonova Holdings AG bought Advanced Bionics for $489 million.

The case is Alfred E. Mann Foundation for Scientific Research v. Cochlear Corp., 07-08108, U.S. District Court, Central District of California (Los Angeles.)

 

[Smithtr]

interesting! it sound risk costly! it is very serious

 

[drphil]

Appears to be a "patent" infringement case-United States.

 

[ambrosia]

So Cochlear was using AB tech?? hmmmmm

 

[Frisky Feline]

yes im puzzled.

 

[BleedingPurist]

So Cochlear was using AB tech?? hmmmmm

They were trying to. Their released electrode arrays do not have multiple power sources.

 

[diehardbiker]

This is strong evidence that CI companies are in, not to help Deaf hear BUT to rake up piles of greenbacks!

Glad I don't let them make profit out of my hearing loss... My hearing loss has been and will always be same way and I don't see any benefit trying to fix my ears.

 

[BleedingPurist]

This is strong evidence that CI companies are in, not to help Deaf hear BUT to rake up piles of greenbacks!

Glad I don't let them make profit out of my hearing loss... My hearing loss has been and will always be same way and I don't see any benefit trying to fix my ears.

So you write a book. Another person copies your book, puts their name on it, and tries to make money off your work.

Based on what you said: You don't care if you get paid for your work. You don't care if someone steals your work and makes money off your work. Alright.

 

[diehardbiker]

If greenback doesn't exists, will there be such lawsuit like this ever happen? I don't think so.

So you write a book. Another person copies your book, puts their name on it, and tries to make money off your work.

Based on what you said: You don't care if you get paid for your work. You don't care if someone steals your work and makes money off your work. Alright.

 

[ambrosia]

They're a business not a nonprofit organization........thinking off a business that is in the business out if the good of their heart. I got nothing.......I wish I could find a car company like that, sell me a 2014 Jeep Wrangler for like 10 bucks..........

 

[BleedingPurist]

If greenback doesn't exists, will there be such lawsuit like this ever happen? I don't think so.

I think so. If you are found guilty of plagiarism in school, what happens?

A team of researchers and engineers put many hours of their lives researching and developing the technology in question. Why should their work be stolen and used to make a profit by others? Even if no profit was to be made, why should their work be copied and used by others without crediting them?

 

[hazridi]

I generally think the patent system in this country is broken. Patents are almost always bullshit these days.

This lawsuit says Cochlear is infringing on two patents.

Look at the first infringing patent: 5,609,616. This basically describes a testbed setup. There's nothing novel here. This patent should not have been granted -- it's just a way to hook up a cochlear implant to test various settings. People have been making interfaces to do similar things for over a hundred years and there really isn't anything interesting about this patent other than the fact that it is for a cochlear implant testing setup.

Now let's look at the second patent: 5,938,691. This one is a better patent that is basically describing the first generation AB/Clarion implant. As far as patents go, I'll give this one a pass as it does meet the supposed standards that patents are supposed to meet (and almost never do).

I didn't really see any evidence that Cochlear did anything wrong. In fact, it looks like what happened was that Cochlear executed the wrong legal strategy and now has to pay for it. Their whole defense was basically that AMF sold the whole patent to AB, which the judge disagreed with. AB declined to sue Cochlear over these patents, as they probably didn't think they would win.

 

[BleedingPurist]

I didn't really see any evidence that Cochlear did anything wrong..

The court sure did and they have reviewed the evidence far more deeply than you are able to.

 

[Jiro]

If greenback doesn't exists, will there be such lawsuit like this ever happen? I don't think so.

yes. it's stealing a credit.

remember when you threw a massive hissy-fit about me creating another Lounge Thread that you felt entitled that only you should own the name of thread? yea there you go.

 

[diehardbiker]

No, the point is HOW these industry is taking advantage of those with hearing loss and they are in for one thing.... M O N E Y

The patent law is so F...ED UP! It does not benefit anyone BUT greedy corporations.

And I know it too well after trying to help friend of mine going though patent, it is ALL BS, and it is ALL about greenbacks that is all. It is FACT!

If there is no greenback, then we don't have patent bs to deal with.

Don't forget the fact that they have NOT success turn Dead Deaf into Hearing. It never happened, and will never happen so whats point of having lawsuit if it really don't help Deaf?

I remembered Poloroid film company sued Kodak for patent infringement, guess what happened to these two companies after done with legal battle? Did they make more money afterwards? The reality is both went into bankruptcy anyway, whats point of patent lawsuit for them?

 

[Jiro]

No, the point is HOW these industry is taking advantage of those with hearing loss and they are in for one thing.... M O N E Y

The patent law is so F...ED UP! It does not benefit anyone BUT greedy corporations.

And I know it too well after trying to help friend of mine going though patent, it is ALL BS, and it is ALL about greenbacks that is all. It is FACT!

If there is no greenback, then we don't have patent bs to deal with.

Don't forget the fact that they have NOT success turn Dead Deaf into Hearing. It never happened, and will never happen so whats point of having lawsuit if it really don't help Deaf?

I remembered Poloroid film company sued Kodak for patent infringement, guess what happened to these two companies after done with legal battle? Did they make more money afterwards? The reality is both went into bankruptcy anyway, whats point of patent lawsuit for them?

so.... you want free technology? you want companies to invent stuff for free?

 

[diehardbiker]

Did I ever say free?

The best thing happens when one shares, rather than being greedy. Point is, if no share, then there won't be any improvements.

You see, I mention Poloroid and Kodak lawsuit, neither of them wants share, they want EVERYTHING to themselves. Guess what happened? They went out of business already, what they got to gain? If had they shared, they may come up with something far better and keep in business.

so.... you want free technology? you want companies to invent stuff for free?

 

[Jiro]

Did I ever say free?

I'm asking you.

The best thing happens when one shares, rather than being greedy. Point is, if no share, then there won't be any improvements.

share? so you're a communist? and I think you're terribly naive. why would a company share its proprietary technology with a competitor that can use it against them? I would never share my technology with a competitor unless it would benefit me greatly plus profit. you think it's cheap to do R&D, distribution, manufacturing, marketing, and legal stuff?

you do realize that there won't be any improvement if everybody starts copying each other? that's the whole point of patent protection! you have to come up with something your own that is different and/or better than what they have instead of copying each other!

You see, I mention Poloroid and Kodak lawsuit, neither of them wants share, they want EVERYTHING to themselves. Guess what happened? They went out of business already, what they got to gain? If had they shared, they may come up with something far better and keep in business.

uh... in case you didn't know... it's a very known business fact that Polaroid and Kodak didn't succeed because they've made series of bad business decisions to not hop on digital camera bandwagon. and they've made terrible products.

they went out of business because they didn't share with each other? LOL oh you.... oh you.....

 

[BleedingPurist]

Don't forget the fact that they have NOT success turn Dead Deaf into Hearing. It never happened, and will never happen so whats point of having lawsuit if it really don't help Deaf?

I just spent an hour on the phone with Verizon using only my cochlear implant.... effortlessly I should add. It took an hour because we had a lot to cover. This is only possible because of the technology you say does not work. A decade ago I would have had to go thru the excruciating process of using a relay service which would have taken much longer, if they didn't just hang up on me after being on hold for however long. That's just one of many things I can do now with my implant. There are many like me who get the same benefit.

No, you can't make someone who has developed a deaf brain hearing. Even with a bona fide cure. The ear may hear, but the brain won't. You can give hearing back to those who lost it.

 

[Frisky Feline]