Exergen Corp. (Watertown, MA) sued Kid-Medz, Inc. (New Paltz, NY) and its alleged controlling corporation American Scientific Resources, Inc. (Weston, FL) for false advertising relating to the defendants’ sales of non-invasive pediatric thermometers.
Much of the dispute centers around implicit claims made by the defendants that their forehead thermometers measure the temperature of the skin over the temporal artery, which the complaint says is false and is designed to take sales away from plaintiff’s TemporalScanner thermometers which actually do.
Other portions of the dispute involve statements made in a Feb. 2010 status conference in a related case between the parties (08-11416-DPW (D. Mass.)) and their direct contradiction with public statements made by defendants.
Filing new litigation asserting that untruths were told in pending litigation is a good sign that the parties aren’t particularly close to settlement.
Exergen Corp. v. American Scientific Resources, Inc., 10-10476-DPW (D. Mass. Mar. 19, 2010)
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