GI Dynamics, a healthcare products manufacturer based in Cambridge, Massachusetts, announced that it had resolved a long-standing patent dispute with its rival W.L. Gore & Associates.
The origin of the patent dispute dates back to 2003. In that year, W.L. Gore signed an agreement to develop materials for GI Dynamic’s EndoBarrier sleeve. For its effort, W.L. Gore would receive milestone payments and royalties associated with sales of the sleeve.
In 2009, officials at Gore claimed a different interpretation of the agreement. In legal documents, Gore stated that it "has the right to make, use, and sell material disclosed under the CDA or MTA to any party in any form for any use, including completed intestinal sleeve devices." After several court hearings, both companies have reached a mutually-beneficial agreement.
As a result of the new settlement, GI Dynamics will maintain exclusive ownership of its patent portfolio. In addition, GI Dynamics provided Gore a non-exclusive license for use of its blood vessel devices. This license would involve no royalty payments to GI Dynamics. However, Gore is barred from developing products that compete directly with GI Dynamics’ product line. No cash payments or royalties will be exchanged as a result of the settlement.
Stuart Randle is the CEO and president of GI Dynamics. In prepared remarks, he said, "We are delighted with this settlement.” He continued, "It confirms that GI Dynamics is the sole and exclusive owner of its technology and patent portfolio."