Solo Inventor Sues Medical Device Manufacturer

Plaintiff Dr. Carey Kimmelstiel (Framingham, MA) is a distinguished medical practitioner and professor at Tufts University School of Medicine.  Defendant Merit Medical Systems (South Jordan, Utah) is a medical device manufacturer whose “Sea Dragon” and “H₂O Torq” devices are accused of infringing Dr. Kimmelstiel’s Patent No. 5,325,868 directed to a torque device for guide wires used in medical procedures.

 

The complaint alleges that Dr. Kimmelstiel notified Merit of the ‘868 patent in 2001 but defendant “expressed a lack of interest.”  The complaint further alleges that plaintiff learned of the Sea Dragon product in 2007 and of the H₂O Torq product just recently.

 

Otherwise the complaint is about as bare-bones as they come, though it probably would survive a Twombly challenge as the accused devices are specifically named.  The case is also before Judge Tauro, which is not the worst judge for a solo inventor.

 

Kimmelstiel v. Merit Medical Systems, Inc., 10-10050-JLT (D. Mass. Jan. 13, 2010)