In a suit filed last week in the Raleigh, North Carolina US DistrictCourt, Cardiovascular Diagnostics Inc has charged Boehringer Mannheim Corp, a subsidiary of the German Boehringer Mannheim group, with misappropriation of CVD's trade secrets by improper disclosure, breach of contract, breach of fiduciary duty, unfair and deceptive trade practices and constructive fraud.
In addition, CVD has requested a declaratory judgement that neither the products nor activities of CVD infringe US Patents 5,164,598 or 5,300,779, purportedly owned by BMC. BMC entered into an exclusive licensing deal with CVD in 1989 to gain access to its technology.
As the Marketletter was going to press, a spokesman for BMC's German parent advised that it had not yet been formally served with the lawsuit. As a general rule, he told the Marketletter, "we do not make statements on pending litigation; therefore we will not comment on this matter."
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