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
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