News | October 16, 2007

Jury Renders Alleged Patent Infringement “Willful”

October 17, 2007 - After a three-week trial, a jury rendered a verdict of "willful" patent infringement in a dispute filed against CHF Technologies, Inc., d/b/a BioVentrix, after Chase Medical sued BioVentrix alleging its Blue Egg Sizer, a hollow, blue silicone device used to guide surgeons in surgically resizing the heart, infringed patents held by Chase.

Chase claimed the Blue Egg Sizer was similar to its balloon-like apparatus used in similar procedures.

Chase's case focused primarily on obsolete marketing material, website content that was retracted in early 2005 by BioVentrix, and an abandoned patent application.

Arthur Bertolero, Co-Founder of BioVentrix, said, “We were very careful of the plaintiff's intellectual property when we designed the Blue Egg. We looked at the limitations imposed by their device and produced something very different, a substantial improvement over the Chase device. We never intended to infringe and are concerned that the jury found an intentional breach. We are respectful of the importance and sovereignty of the patent process, and are disappointed with the verdict."

As for what BioVentrix will do in case of an unfavorable ruling, Kenneth Miller, President and CEO of BioVentrix, stated, "We recognize the authority of the Federal Court and the jury system, and will abide by the Judge’s final ruling, but remain confident that we will ultimately prevail.”

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