Vascular Solutions Wins Appeal
December 29, 2009 (FinancialWire) — Vascular Solutions, Inc. (NASDAQ: VASC) announced that the First Circuit of the U.S. Court of Appeals has affirmed the judgment in its favor in its product disparagement litigation with Marine Polymer Technologies.
The First Circuit affirmed the jury’s verdict following a two week trial in April 2008 that five statements made by Marine Polymer Technologies representatives regarding Vascular Solutions’ D-Stat(R) hemostat products were false.
As a result, the permanent injunction issued at the conclusion of the trial will remain in effect, thereby prohibiting Marine Polymer Technologies and its representatives from making, publishing or disseminating the statements concerning the safety of Vascular Solutions’ D-Stat products.
Addressing the jury’s award of $4.5 million in damages to Vascular Solutions, the Court determined that, due to differences in opinion among the judges, Vascular Solutions may either accept a $2.7 million award of damages (plus interest) or insist upon a new trial limited to the issue of determining the reasonable amount of damages. Adding interest at the statutory rate, Vascular Solutions calculates the $2.7 million award to currently total approximately $3.2 million.
The decision is subject to Marine Polymer Technologies’ ability to petition for rehearing by the First Circuit and appeal to the U.S. Supreme Court.
Vascular Solutions, Inc. is an innovative medical device company that focuses on developing customized clinical solutions for coronary and peripheral vascular procedures.
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