Legal News: Covidien's Nellcor subsidiary sues CasMed

August 17, 2012 by MassDevice staff

Covidien's Nellcor patient monitoring subsidiary wants a judge to stop CAS Medical Systems from protesting the validity of a patent with the U.S. Patent & Trademark Office.

MassDevice.com Legal News

Covidien's (NYSE:COV) Nellcor patient monitoring subsidiary wants a judge to rule that CasMed (NSDQ:CASM) breached their settlement agreement in protesting the validity of a disputed patent the medical device companies have been wrangling over since 2007.

Nellcor sued CasMed late last year, alleging that its Branford, Conn.-based rival broke their deal settling a patent infringement lawsuit by protesting the validity of the patent during a re-examination by the U.S. Patent & Trademark Office.

In July, Nellcor filed a motion for summary judgment, asking Judge Sean Cox of the U.S. District Court for Eastern Michigan to bar CasMed from further participating in the re-examination, court documents and regulatory filings show.

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Cox has already decided to stay a portion of the case dealing with what damages, if any, CasMed would owe if breach of contract is proven. A hearing on the Nellcor summary judgment motion is slated for Oct. 18. CasMed said it plans to officially oppose the motion.

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