Updated to include a response from Kurin.
Magnolia Medical Technologies said yesterday that it filed another legal action against blood-culture-focused device developer Kurin, this time claiming the company has infringed on patents related to its Steripath technology.
The Seattle-based company asserts that Kurin is infringing upon four patents related to its Steripath blood collection technology with its Kurin Lock product.
Magnolia Medical said that the “four patents represent and cover years of Magnolia’s research and development,” and added that it plans to “vigorously defend its technology.” The company said that it is seeking damages and a permanent injunction barring the production, use and selling of the Kurin Lock device.
“Magnolia uses its technology to decrease patient risk by reducing misdiagnosis and mistreatment of sepsis, which also strongly supports antibiotic stewardship. Dr. Richard Patton and I have spent more than a decade developing unique medical innovations that deliver scientifically proven results, and we are committed to making sure Steripath and its future are appropriately protected, ensuring that patients and hospitals will benefit from Magnolia’s technology,” CEO Greg Bullington said in a press release.
Kurin responded to Magnolia by claiming that the allegations the company raised were false and accusing Magnolia of “mismanagement.”
“Magnolia’s unusual tactic to email blast their allegations of patent infringement has created confusion for healthcare providers, and we are compelled to address this action. Kurin reassures our customers and potential customers that these allegations are false. Kurin is here solely to serve our customers, and we will continue to do so with disruptive technological innovations like the elegantly simple, FDA 510(k) cleared, Kurin Lock. In contrast, Magnolia Medical could be a study on mismanagement. Steripath has been on the market for years, but its poor design makes it bulky, awkward, and difficult to operate. Their response to address these product deficiencies was to launch virtually the same device: Steripath Gen. 2. Magnolia has engaged in a pattern of deception, marketing a device it claims does not require FDA 510(k) clearance (Kurin has been issued two 510(k) clearances), and misleading customers with selective use of clinical performance data,” Kurin CEO Bob Rogers said in a prepared statement.
The company reiterated that its product, the Kurin Lock, will stay on the market throughout the legal process.
“The Kurin Lock does not infringe any Magnolia patent and we are confident that this position will be proven in court. In closing, we are quite familiar with this situation. At our last company, Ivera Medical, makers of the green Curos Port Protector, we prevailed over a host of similar patent related attacks. As with Curos, the Kurin Lock is, and will remain, on the market throughout this process, as long as it takes,” Rogers said in a press release.
Last August, Magnolia said it filed a suit agianst Kurin claiming the company “mischaracterized its clinical data as well as the functionality and ease of use of its device.”
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