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Federal Judge Deals Viasys Healthcare Major Blow in Infringement Fight With Innomed Technologies
Date:
06/30/2004
BOCA RATON, Fla.--(BUSINESS WIRE)--
A federal judge in California shot down an
attempt by Viasys Healthcare, Inc. (NYSE:VAS) to circumvent the jurisdiction
of a federal court in Orlando, Florida regarding the company's year-long
patent infringement suit with Boca Raton-based InnoMed Technologies. The
federal judge rejected Viasys' efforts to request a declaratory finding of
non-infringement regarding its recently-introduced Lyra nasal interface.
The infringement suit is regarding Viasys' exclusive worldwide distribution
agreement with Worldwide Medical Technologies, Inc. of Waycross, Georgia for
the development and sale of the Spiritus nasal interface. Since being added
to the already-ongoing lawsuit with Worldwide Medical, Viasys has terminated
that worldwide distribution agreement.
After failed settlement talks with InnoMed Technologies in April, Viasys
Healthcare had filed a declaratory action seeking a finding of
non-infringement of one of InnoMed Technologies' nasal CPAP interface
patents.
Both InnoMed's Florida and California counsel argued that no reasonable
apprehension of immediate suit existed regarding Viasys' introduction of the
Lyra, despite the fact that the Lyra device was nothing more than a
derivative of Viasys' previously distributed Spiritus nasal interface.
In dismissing the Viasys action as improper, federal judge David O. Carter
asserted that the need for uniform interpretation of InnoMed's nasal CPAP
patent required a single court's consideration, rather than the risk for
inconsistent readings of the technology.
About Viasys Healthcare
Viasys Healthcare Inc. (VAS) is a global, research-based medical technology
company focused in respiratory, neurocare and medical/surgical products.
VIASYS products are marketed under well-recognized brand names such as
SENSORMATICS(R), BIRD(R), BEAR(R), NICOLET(R), JAEGER(R), and EMR(R). VIASYS
is headquartered in Conshohocken, PA. More information can be found at
www.viasyshealthcare.com.
About InnoMed Technologies Inc.
InnoMed is a research-oriented, privately held, 21st century medical
technologies company. The company is poised to bring new and more effective
medical products and devices to the public through a medical development and
engineering team, as well as acquisitions of other medical-related
companies. InnoMed holds several patents and has several patents pending.
More information regarding InnoMed Technologies is available at
http://www.innomedinc.com.