Resolution of Pulmonetic and VIASYS lawsuit

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November 21, 2002, 06:11 AM
Resolution of Pulmonetic and VIASYS lawsuit
While this is old news, how many of you missed the press release in March 2002 regarding the resolution of the lawsuit filed by Bird (VIASYS) against Pulmonetic Systems (click here for the press release)?

Anyone have info on what that was all about?
November 25, 2002, 10:41 AM
J. Davis
It looks to me like the article states that, because of the agreement between the two divisions, all lawsuits are settled, not that there was any particular lawsuit to begin with. My understanding is that Bird, Bear, and Pulmonetics are all Viasys now.
November 25, 2002, 12:08 PM
Pulmonetic is not in the Viasys group, only Bear, Bird, and SensorMedics (among other resp but non-vent companies). The press release wording makes it sound like they're all together.

With a little digging, the lawsuits originated in 1999. Here's an excerpt from VIASYS' 2001 Annual Report:

In July 1999, we commenced a lawsuit against Pulmonetic Systems, Inc. and Douglas DeVries, a former employee for patient infringement and other actions. The defendants in this case counter sued, claiming, among other things, trade libel, abuse of process, unfair competition, false advertising, breach of contract and violations of antitrust laws. In March 2002, the parties entered into an agreement that settles all outstanding lawsuits between the companies and related parties. Under the agreement both companies will have access to certain technologies and rights used in the companies' ventilators and we will be paid $4 million over the next three years.

Any idea what "patient infringement" is? I assume that must be "patent infringement". What a typo, if so!

November 26, 2002, 10:07 AM
J. Davis
Thanks for the clarification