HemCon Medical Technologies has reported that the US Court of Appeals for the Federal Circuit has granted the company's motion to stay the injunction and final judgment obtained against it in a patent infringement case brought by Marine Polymer Technologies.
The stay halts any enforcement of the lower court’s injunction and damages award while HemCon attempts to have both overturned on appeal, a process expected to take on the order of 12 to 18 months to complete.
As a result, HemCon can continue selling its chitosan-based wound care products and will not be required to pay financial damages during this appeal process.
The stay is the recent decision in the patent infringement action instituted by Marine Polymer Technologies said HemCon.
HemCon president and CEO John Morgan said that HemCon is pleased that the appellate court agreed that HemCon could continue selling its product line during the pendency of the appeal.
"We will urge on appeal that the lower court decision finding infringement was incorrect, in part because the Marine Polymer patent is invalid when properly interpreted," Morgan said.
"The stay is a victory for HemCon’s customers, including military personnel whose lives are being saved by HemCon products, and hospital patients who benefit from reduced infection risk and better hemostasis."