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
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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