Baladevon, Inc. v. Abbott Laboratories, Inc.

871 F. Supp. 89 (1994)

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Baladevon, Inc. v. Abbott Laboratories, Inc.

United States District Court for the District of Massachusetts
871 F. Supp. 89 (1994)

  • Written by Jack Newell, JD

Facts

Barry Sacks and Hugh Vine manufactured a device that feeds a patient directly via his or her stomach. The rights to any pending patents in the device came under the ownership of Baladevon, Inc. (plaintiff). Baladevon signed a license agreement with Boston Scientific. The license stated that Boston Scientific would pay Baladevon royalties on any inventions or improvements related to the device whether or not they were patentable. Two patents had been filed with the United States Patent and Trademark Office. After the signing, it was discovered that Sacks had disclosed all aspects of the invention in a published article. This disclosure invalidated all patents. Boston Scientific had assigned all its rights in the patent to Abbott Laboratories (Abbott) (defendant). Abbott stopped paying royalties to Baladevon but continued production of the device. Baladevon sued for royalties under the license agreement. Abbott claimed that enforcement of the contract would be antithetical to patent-law policy. Both sides moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Saris, J.)

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