RyMed Technologies Inc. v. ICU Medical Inc.
Published: May 8, 2010 | Result Date: Oct. 9, 2009 | Filing Date: Jan. 1, 1900 |Case number: 8:2007cv01199 Bench Verdict – Defense
Facts
ICU Medical Inc. and RyMed Technologies Inc. both manufacture medical devices. RyMed registered trademarks in the terms "neutral" (principal register) and "neutral displacement" (supplemental register) for its intravenous therapy valves. RyMed filed suit against ICU, alleging trademark infringement and unfair competition. RyMed contended that ICU made certain false and misleading statements about its products as well as ICU's own products.
Result
The court found RyMed's trademarks to be invalid and ordered the registrations be canceled. The court also found ICU had not made many of the alleged statements, that many alleged statements were non-actionable opinion, and that the alleged statements regarding RyMed's device coring, leaking, and being incompatible with small luers, were true.
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