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InnoMed Technologies vs Cardinal Health

InnoMed Technologies Inc. Files Motion to Include Cardinal Health in Lawsuit.


InnoMed and Mergenet filed a motion with the Court, on June 13, 2009, seeking to amend its counterclaim to add additional claims, and an additional plaintiff, Mergenet, and an additional counterdefendant, Cardinal Health Inc., Viasys' parent and a billion dollar publicly traded corporation. As noted, Viasys allegedly was primarily responsible for the funding of the ill-conceived Harmon litigation in exchange for a royalty-bearing license in the InnoMed patents, had Harmon been successful in his suit. The proposed amendment includes claims against all counterdefendants for civil conspiracy, champerty and maintenance, fraud and fraud in the inducement, slander of title and commercial disparagement to its patents, tortious interference with business relationships, malicious prosecution, and breach of contract. Since 2002, the company have been embroiled in litigation with Kevin Harmon, a plaintiff, who has claimed, among other things, that InnoMed had misappropriated the rights to, and was not a bona fide purchaser of, the patents pertaining to the so-called Nasal Aire sleep apnea device when InnoMed acquired such patents as part of an asset purchase in April 2001. Specifically, the Harmon litigation claimed that InnoMed participated with others in the conversion and fraudulent conveyance of the patents. In addition Harmon requested an accounting and sought unjust enrichment damages. On January 27, 2009, the Superior Court in Waycross, Georgia, dismissed all of the Harmon claims in response to the motion for summary judgment.