Canady Technology Victorious Against ERBE Elektromedizin GmbH and ERBE, USA over Patent Infringement Lawsuits

Business Wire, Feb 5, 2008

MCKEESPORT, Pa. -- In an astonishing legal victory of a startup medical device company over a private owned German Company, Canady Technology recently received very favorable decisions in the patent infringement lawsuits brought by ERBE Elektromedizin GmbH and ERBE, USA in the U.S. International Trade Commission and in the U.S. District Court for the Western District of Pennsylvania.

On January 16, 2008, Judge Bullock in the U.S.I.T.C. issued his Initial Determination finding that Canady Technology's products do not infringe ERBE's U.S. Patent No. 5,720,745 for multiple reasons and that ERBE had failed to prove that any domestic industry exists for products falling within the scope of the '745 patent. Canady Technology believes that the Initial Determination is a complete and total victory for Canady Technology in the ITC proceeding. ERBE has filed a petition requesting the U.S. International Trade Commission to review Judge Bullock's Initial Determination. Canady Technology expects a decision from the U.S.I.T.C. regarding ERBE's petition in May 2008.

On December 18, 2007, the U.S. District Court for the Western District of Pennsylvania issued a decision granting Canady Technology summary judgment of non-infringement of the '745 patent and invalidity of ERBE's U.S. Trademark Registration No. 2,637,630. The decision also granted ERBE summary judgment with respect to Canady Technology's antitrust counterclaims. Canady Technology believes the decision resolves the pending patent and trademark disputes between ERBE and Canady Technology in Canady Technology's favor.

ConMed Corporation's claim against Canady Technology for infringement of U.S. Patend No. 4,781,175 with respect to Canady Technology's sales prior to the expiration of the '175 patent April 8, 2006 and Canady Technology's counterclaim for tortuous interference with a business expectancy remain pending in the U.S. District Court for the Western District of Pennsylvania.

Canady Technology LLC, helmed by founder Jerome Canady, M.D., is a private U.S. medical technology, research and development corporation. Our focus is developing advanced, innovative, high quality biomedical devices using plasma technology.