Morrison & Foerster Secures Victory for ICU Medical in Trademark Infringement Case


Press Release

SAN FRANCISCO, CA [October 9, 2009] – Morrison & Foerster LLP successfully defended ICU Medical, Inc. (“ICU”) against RyMed Technologies, Inc. (“RyMed”) in a multi-count complaint alleging trademark infringement and unfair competition. The ruling issued by Judge Mariana R. Pfaelzer in the Central District of California federal court found RyMed’s registered trademarks for its intravenous therapy valves to be invalid and ordered the U.S. Patent and Trademark Office to cancel the registrations.

Regarding the unfair competition claims, which were part of three complex summary judgment motions filed over a six-month period, RyMed alleged that ICU had made fourteen separate false and misleading statements about RyMed’s products, as well as its own. The sweeping ruling in favor of ICU established that most of these statements were never made at all, and that the most consequential of the statements that were made, which inferred that RyMed’s products suffered from leaking and coring problems, were true.

The winning team was led by Morrison & Foerster partners Kimberly Van Voorhis and James Pooley, together with co-counsel Laura Kohut and Ron Kohut of Kohut & Kohut LLP. Morrison & Foerster associates Diana Luo, Katie Nolan-Stevaux, Dan Wan, Erika Yawger, and Daniel Zlatnik rounded out the team.

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