A Medical Device Daily

Memry (Bethel, Connecticut), a provider of nitinol and polymer components to the medical device industry, reported that it has received an unfavorable jury verdict in its disputed technology litigation with Kentucky Oil (Frankfort, Kentucky).

The jury unanimously found that Memry breached a collaboration agreement by providing confidential information to Schlumberger Technologies (Houston) for use in an expandable sand screen and found Memry’s interest in certain patents should be assigned to Kentucky Oil.

The collaboration agreement was entered into with Kentucky Oil’s alleged predecessor in interest in 1999, known as United Stenting.

The jury found damages of $6 million for the alleged breach. The jury also determined that Schlumberger used confidential information in its development of the expandable sand screen.

The court has not entered judgment and has set a hearing date on Jan. 25, 2008 to hear Memry’s and Schlumberger’s trial motions concerning, among other things, the sufficiency of Kentucky Oil’s evidence.

Memry CEO Robert Belcher said, “We have long maintained that Kentucky Oil’s claim for damages is totally without merit. Although today’s jury ruling is a setback, we will vigorously defend our position and we plan to appeal any adverse final trial court ruling.”

Memry provides design, engineering, development and manufacturing services to the medical device and other industries using the company’s shape memory alloy and polymer extrusion technologies. Medical device products include stent components, catheter components, guidewires, laparoscopic surgical sub-assemblies and orthopedic instruments as well as complex, multi-lumen, multi-layer polymer extrusions used for guidewires, catheters, delivery systems and various other high-end interventional medical devices.