The settlement came after a recent favorable ruling by the United States Court of Appeals for the Federal Circuit relating to Transonic's United States Patent No. 5,685,989 (the Krivitski patent) on the indicator dilution, blood line reversal approach to measure access flow during hemodialysis.
In this final settlement, Hema Metrics admits that the three NMT methods identified in the above Lawsuit: the saline injection, Go/No-Go and Delta H methods, infringe claims of Transonic U.S. patent 5,685,989.
Hema Metrics also admits that all of the claims of U.S. patent 5,685,989 are valid and enforceable.
Under the settlement agreement, the specific terms of which are confidential, Hema Metrics will compensate Transonic for past infringement. Hema Metrics agrees to a permanent injunction for the life of the Transonic patent and will not make, use, sell, offer to sell, export, or license existing or new products that measure shunt flow during hemodialysis using any of the above three methods, or any other method of shunt flow measurement that uses blood line reversal. New Crit-Line monitors will no longer incorporate the Delta-H measurement software. Hema Metrics may continue to sell its proprietary TQA access flow measurement technology with its Crit-Line monitors, so long as its measurement protocol does not incorporate blood line reversal.
The president of Transonic Cornelis J. Drost said: "We are very pleased to put this episode behind us. Dr. Krivitski's pioneering access flow measurement invention is now widely recognized as the preferred screening method for access patency management. It is our vision that the benefits of the Krivitski access flow studies will become part of routine patient screening for each hemodialysis patient."
Transonic Systems manufactures and sells a broad range of blood flow measurement devices for intraoperative surgery, hemodialysis, biomedical research, and is embedded in devices such as organ preservation and ventricular assist devices.
© 2005 Business Wire
