A Medical Device Daily

Two patent infringement suits filed against CryoCath Technologies (Montréal) – one in the U.S. and one in Canada – are without merit, CryoCath said in a statement issued yesterday.

CryoCor (San Diego) reported filing the lawsuits against CryoCath this week (Medical Device Daily, Jan. 17, 2008), alleging that CryoCath’s products infringe several patents related to CryoCor’s Cardiac Cryoablation system. CryoCor said it is seeking monetary damages and injunctions in the U.S. and Canada to prohibit further infringement.

CryoCath said it also believes the proceedings initiated by CryoCor are in response to a patent infringement lawsuit CryoCath filed against CryoCor in October (MDD, Oct. 18, 2007).

CryoCath develops cryotherapy products designed to treat cardiovascular disease.

CryoCor makes a disposable catheter system based on its cryoablation technology for the minimally invasive treatment of cardiac arrhythmias. The system is designed to treat cardiac arrhythmias through the use of cryoenergy, to destroy targeted cardiac tissue.

In other legalities: National Renal Alliance (Franklin, Tennessee) said it has filed a civil complaint against Blue Cross and Blue Shield of Georgia. The complaint, filed in federal court in Atlanta, charges that the insurance company has attempted to single out dialysis benefits and cut out-of-network reimbursement to National Renal clinics in the state.

The complaint alleges Blue Cross of unilaterally and retroactively capping the reimbursement that it pays for out-of-network dialysis services provided by National Renal, the company said. By refusing to contract at fair rates and slashing payments for out-of-network care to a level 88% lower than customarily reimbursed charges, Blue Cross has breached its insurance agreements, National Renal said.

According to National Renal, federal law prohibits private insurers from “taking into account” a dialysis patient’s eligibility for Medicare or differentiating in the benefits it provides. Blue Cross’s actions, it said, specifically target dialysis patients and providers who service the dialysis industry, National Renal said.

National Renal owns and operates 43 dialysis centers across the U.S.