Your Logo Here
 Home Company Services Incubated Companies Press Contact Us Idea Forum
 Company
Services
Incubated Companies
Press
Contact Us
Idea Forum

Letter to Viasys - Mergenet Medical

  

June 18, 2007

Jeffrey M. Olson, Esquire
Matthew Jorgenson, Esquire
Sidley Austin Brown & Wood
555 West Fifth Street
Suite 4000
Los Angeles, California 90013

Gentlemen:

My client demands that Viasys make its successor, Cardinal Health, aware of pending and future litigation by and between Viasys and Innomed or, in the alternative, immediately declare any claims against the Innomed patents by Viasys through Harmon void and remove the same from the patent office records. Viasys' conduct includes but is not limited to:

Harmon had no valid legal claim to Innomed's patents or technology between about January 1, 2005 and March 30, 2005 in Atlanta Georgia. Viasys and Harmon reached an agreement that would involve among other things, (a) Viasys's purchase of an interest in the outcome of the Harmon litigation against Innomed, (b) Viasys's control of the Harmon litigation and the Harmon lawyers including the control of all issues over settlement, (c)  Viasys's funding of Harmon's lawyers and its selection of its own lawyers to represent Harmon -- some of the very same lawyers who were representing Viasys against Innomed in the Florida litigation, (d) the execution of a purported exclusive assignment of the Innomed patents to SensorMedics and Viasys as if Harmon were a co-owner of such patents and applications.

After Viasys, its subsidiary Sensormedics, and Harmon entered into the aforementioned agreement, Viasys then prepered and Harmon signed a security agreement, described in more detail hereinafter, effective March 30, 2005, in which Harmon purported to grant security interest to Viasys and SensorMedics in Innomed’s patents and patent applications, well knowing that Harmon had no legal or other right to grant such security interest.

Viasys, SensorMedics, their chief executive officer Thurman, the SensorMedics officer Pulwer, and Harmon caused to be recorded in the United States Patent and Trademark office, on or about March 31, 2005 the Notice of Recordation of Assignment hereinafter described, in which they purported to inform the world through the assignment provisions of the Patent Office of an assignment which they knew to be false, bogus, spurious, and unauthorized.

Thereafter on or about March 31, 2005, your client caused to be filed with the Clerk of Superior Court of Fulton County, Georgia, UCC Financial Ststements by Harmon and Breathing Technologies of Georgia, Inc., wherein they again published false statements that SensorMedics Corporation as “Collateral agent” for Viasys, has been granted a security interest in Innomed’s patents and patent applications.

In filing the above mentioned documents and in uttering the false claims of patent assignment and of the granting of a security interest in Innomeds patents, Harmon, Breathing Technologies of Georgia, Inc., Viasys, SensorMedics, and Thurman each aided and abetted each other and acted in concert with themselves and their lawyers and others unknown to Innomed at present with the willful and malicious purpose of harming Innomed at present with the willful and malicious purpose of harming Innomed and of preventing Innomed from transferring of hypothecating its patents or for pursuing public offerings under the securities laws of the United States, well intending to use these false claims as a basis of extorting money from Innomed through a pattern and practice of wrongdoing and fraud.

Innomed has suffered and will continue to suffer irreparable harm until your client ceases its predatory conduct.

Unfortunately, certain relevant issues were briefed and argued approximately one year ago and as of this date, no one has the benefit of a decision. Yet in the interim, your client was acquired by a substantial publicly traded company, Cardinal Health.

As you well know, Innomed does intend to litigate against Viasys arising out of its predatory, malicious and unwarranted conduct, both in the Innomed vs. Worldwide Medical Technologies, Inc., Sunburst Consulting, LLC, S. Roger Strickland, Jr., Eldon Mixon and Cathy Mixon, Viasys Healthcare, Inc., Jonathan S. Lee, JSL Consulting, Inc., and Mixon Contracting, Case No 6:03-cv-68-Orl-28JGG in the U.S. District Court for the Middle District of Florida, Orlando Division, as well as your client’s champertous conduct and false themes of ownership unsupported by any facts in an effort to support its own needs.

We expect an immediate response to this letter.

                          Very Truly Yours,

                         Stephen L. Snyder

 

 

 

Print this Page


 Copyright 2002  Mergenet Solutions, Inc.