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Hudson, NH
- June 7, 2001 - Atrium
Medical, the “Number 1” best selling Cardiothoracic
chest drain company in the U.S., has filed counterclaims
in a lawsuit brought by its competitor Genzyme in
November 2000.
Genzyme’s claims of infringement by Atrium’s
mechanical vacuum control chest drain products and
patient protection technology, have not gone
unchallenged by Atrium.
Atrium has asserted counterclaims against Genzyme
alleging that all five patents at issue are not infringed,
that all five patents are invalid, and that four
of the five patents are unenforceable because
they were obtained through inequitable conduct before
the United States Patent and Trademark Office.
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Atrium
Medical has been a pioneer in the Thoracic Drainage business
since its founding in 1981.
During these past two decades, Atrium has consistently
introduced leading-edge products for open heart and thoracic
surgery, blood vessel and hernia repair.
Atrium is widely known for its excellence in service
and innovation in the Cardiovascular, General and Thoracic
Surgery marketplace. While
Atrium continues to experience growth in this healthcare
sector, Genzyme Corporation and Genzyme Biosurgery
(collectively, “Genzyme”) have continued to experience
declining chest drain sales and profitability from such
products over the past few years.
According to the company’s CEO and President Steve
Herweck, the lawsuit filed by Genzyme in November 2000 is
directed at slowing our momentum.
Atrium’s current sales strength and clinical
performance in sophisticated chest drainage devices and
thoracic catheters are unmatched by those at Genzyme.
Both items are used to modulate vacuum to the chest
following surgery or trauma, principally for fluid evacuation
around the heart and lungs.
Moreover,
this is the second time that what is now Genzyme’s chest
drainage device business has resorted to the courts in an
attempt to impact Atrium and its products to customers and
national accounts. In
1995, Atrium won a landmark chest drain patent infringement
lawsuit brought by Genzyme’s predecessor, Deknatel, Inc.
In Federal Court, a jury and judge not only found that
Atrium did not infringe the Deknatel chest drain patent, but
also concluded that the principal patent involved in that case
was invalid. Atrium
continues to vigorously defend itself in this lawsuit as well
and is confident that it will triumph over Genzyme’s claims
of infringement.
As
the largest and most successful corporate chest drain partner
for many of the nation’s Group Purchasing Organizations
(GPO’s) Atrium’s “National Account” presence and high
compliance further demonstrates its clinical superiority,
quality and customer preference.
Together with the support of the largest
“dedicated” Thoracic Drainage sales force in the U.S.,
Atrium will continue its course as the best selling Chest
Drain company.
6-7-01-1 |
