Subject matter jurisdiction: KCI and Innovative
[
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
Innovative
--> 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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