Judge Dismisses Suit Against Trimedyne Over 2 Patents

A patent infringement lawsuit against Trimedyne, a Santa Ana maker of laser catheters to treat arteriosclerosis, has been dismissed by a federal court in San Francisco.

Dr. Lee Garrett and his Oakland firm, Xintec Inc., claimed ownership of two Trimedyne patents for technology that Garrett says he helped to develop while working as a consultant to Trimedyne.

Trimedyne, however, contends that under the terms of Garrett’s consultant contract the technology belongs to Trimedyne. The company further contends that one of the patents was developed entirely without his assistance.

Trimedyne and Xintec officials said that U.S. District Judge Stanley Weigel dismissed the lawsuit, which had sought compensatory damages, punitive damages and attorney fees.

Xintec president Mark Chin said the judge did not rule on the merits of the case but dismissed it because he determined it was outside the jurisdiction of his court and instead should be decided by the U.S. Patent Office in Washington.

Chin said the case already has been filed with the Patent Office, which he expects will hear arguments next year.