Saturday, November 07, 2009

Subject matter jurisdiction: KCI and Innovative

In January 2008, IPBiz posted on a patent infringement suit by KCI against Innovative, launched in MD NC.
KCI goes after Innovative Therapies over vacuum bandage

On 14 July 2008, Magistrate Judge Leonard P. Stark in D. Del. recommended a dismissal of a DJ action brought by Innovative against KCI, initially filed 25 Sept. 2007. Within the recommendation of Judge Stark one finds reference to

--> the existence of regular "competitive intelligence" meetings held by KCI, which apparently discussed 510(k) forms filed by

--> that David Tumey (once KCI R&D director; then Innovative's CTO) contacted people at KCI about forming a business relationship, which led to an issue of "apparent authority" of the KCI people. There is also a point about a quote: "KCI will act aggressively. You know that."

--> Innovative's technology is based on work of Dr. Paul Stedman. KCI's technology is based on work out of Wake Forest University.


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