Sidley Austin Brown & Wood LLP Announces Successful Settlement
for VIASYS Healthcare Inc.'s Respiratory Technologies Group and Pulmonox in
Antitrust and Unfair Trade Practices Case
Summary Dismissal of Patent Infringement Claims Against VIASYS Subsidiary
SensorMedics Corp. and Pulmonox Medical, Inc., Leads to Antitrust Counterclaims
for Which the Companies Will Receive a Monetary Award of $8 Million Immediately
and Other Undisclosed Consideration as Part of the Settlement.
LOS ANGELES, May 20 /PRNewswire/ -- Sidley Austin Brown & Wood LLP Los
Angeles-based partner Jeffrey Olson was lead trial counsel representing both
VIASYS subsidiary SensorMedics (Yorba Linda, CA) and co-defendant Pulmonox
(Canada). Earlier in the litigation, SensorMedics and Pulmonox had
successfully defended against a requested preliminary injunction and had won
the summary dismissal of multiple patent infringement claims brought by patent
licensees INO Therapeutics, Inc. and AGA AB, and the owner of the patents, The
General Hospital Corp. (Boston, MA). INO and AGA are both owned by Linde AG
(Germany). The patents relate to the use and delivery of nitric oxide gas for
the treatment of various pulmonary ailments.
Following the dismissal of the patent claims, the antitrust and unfair trade
practice counterclaims had been set for trial. The trial was scheduled to
occur in the United States District Court in Trenton, New Jersey. The
litigation has now been settled with multi-million dollar payments to both
SensorMedics and Pulmonox.
Other participating Sidley attorneys included Paul Meier, Samuel Tiu and
Matthew Jorgenson. Also representing the defendants were special antitrust
counsel Dan Gustafson and Karla Gluek of Gustafson Gluek PLLC (Minneapolis, MN)
and local counsel Joel Schneider of Archer & Greiner P.C. (Haddonfield, NJ).
INO, AGA and The General Hospital Corp. were represented by Lerner, David,
Littenberg, Krumholz & Mentlik LLP (Westfield, NJ) and Shearman & Sterling LLP
(New York, N.Y. and Washington, D.C.).
Sidley Austin Brown & Wood LLP http://www.sidley.com/ is one of the world's
largest full-service law firms, with approximately 1,550 lawyers practicing in
the United States, Europe and Asia. DATASOURCE: Sidley Austin Brown & Wood LLP CONTACT: Janet Zagorin of Sidley Austin Brown & Wood LLP, +1-212-839-8797, ; or Robin Wagge of Rubenstein Associates, +1-212-843-8006, , for Sidley Austin Brown & Wood LLP Web site: http://www.sidley.com/
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