PITTSBURGH — A Pennsylvania corporation is suing Dupaco Inc., claiming it wrongly accused it of patent infringement regarding a medical device.
Xodus Medical Inc., based in New Kensington, filed a complaint on April 21 in the U.S. District Court for the Western District of Pennsylvania alleging that the California corporation's claims that the plaintiff is infringing its patent for a medical device are erroneous.
According to the complaint, the plaintiff alleges that it was damaged from having its ProneSafe medical device, which protects the head during surgery, accused of infringing defendants' patent. The plaintiff holds Dupaco responsible because the defendant allegedly made false claims that the plaintiff's ProneSafe device is infringing its trademark, trade dress, copyright and the cited patent despite the patent being invalid.
The plaintiff requests a trial by jury and seeks to declare that the defendants' claimed patent is invalid and that the ProneSafe device does not infringe any patent, as well as court costs and any further relief this court grants. They are represented by Thomas C. Wolski and Kent E. Baldauf Jr. of The Webb Law Firm in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania Case number 2:17-cv-00525-DSC