Cayenne Medical filed a lawsuit against rival MedShape Inc., alleging infringement of 2 of its patents covering its AperFix soft tissue anchor by MedShape’s ExoShape device.
The lawsuit, filed in the U.S. District Court for Arizona, alleges that MedShape hired former Cayenne salespeople with knowledge of the 2 patents at issue, which cover Cayenne’s AperFix device.
Cayenne alleges MedShape hired former regional sales manager Josh Ray and ex-marketing vice president Tim Nash, both of whom were allegedly aware of the patents covering the AperFix device.
Soon after MedShape won 510(k) clearance from the FDA for the ExoShape device, the lawsuit contends, the company began targeting Cayenne’s AperFix customers.
"As part of their launch of ExoShape, MedShape targeted its announcement at customers and users of the Cayenne AperFix System. Upon information and belief, Mr. Nash and Mr. Ray were directly involved in contacting Cayenne’s customers and users to promote ExoShape," according to court documents.
The lawsuit seeks judgments of infringement and willful infringement of both patents, injunctions against further infringement, damages, royalties, pre- and post-judgment interest and legal fees.
