Hearing implant manufacturer Cochlear has lost its appeal against a $US268 million ($A436 million) damages judgement in a patent dispute that dates to 2007.
A Washington court has upheld the 2018 damages decision after the Alfred E Mann Foundation for Scientific Research in 2007 sued Cochlear for infringing two patents.
Entreprenuer Alfred Mann formed the foundation in 1985 and made medical devices including cochlear implants, which help people hear.
It later sued Cochlear over its patents, and licensee Advanced Bionics joined the action.
Foundation chief executive John Petrovich said the result was a great outcome.
He said the foundation’s legal team would help determine the next steps over the next several days.
However, Cochlear is not giving up and will seek a review by the full Court of Appeals.
US subsidiary Cochlear Americas is also a defendant.
Cochlear chief executive Dig Howitt said the damages were out of proportion.
The patents expired long ago and the judgment would not affect US operations, he said.
If Cochlear’s request for a review is unsuccessful and it pays the damages and interest, an insurance bond of $US335 million will be returned to the company.
The foundation and Advanced Bionics have asked for interest of $US123 million and legal fees of $US15 million.
The US District Court is still to decide whether to award this.
Mr Howitt said the adverse judgment had been factored into Cochlear’s cash needs.