NEW YORK — Magnolia Medical Technologies said on Tuesday it has filed a motion for a permanent injunction to prevent Kurin from selling its own blood collection device.
Seattle-based Magnolia Medical has asked the US District Court for the District of Delaware to bar San Diego-based Kurin from making or selling Kurin Lock products that infringe US Patent No. 10,039,483, assigned to Magnolia and covering its Steripath blood collection system. In July, a jury found Kurin had infringed the patent and awarded Magnolia $2.1 million in damages, as well as royalties of 17.7 percent on sales of infringing products, Magnolia said.
The dispute relates to technology meant to reduce the rate of false positive results in assays for blood-borne infections by reducing contamination sourced from a patient's skin. Magnolia developed a method of removing those contaminants by diverting the first portion of blood from a sample.
Following the jury decision in July, Kurin said that the verdict would not interrupt the supply of Kurin Lock products to hospitals. It described the Kurin Lock product as revolutionary and disruptive for its ability to sideline potential contaminants.
"While we strongly disagree with some aspects of the Jury’s decision, we are pleased that this chapter of the litigation has concluded and that it does not impede our ability to continue operating," Kurin CEO Bob Rogers said in a statement at the time. "The conclusion of this trial will allow us to return our focus to delivering Kurin Locks to the customers and patients who need them and advancing this important solution to effectively address the blood culture contamination problem."
Kurin did not immediately respond to a request for comment.
Magnolia Medical CEO Greg Bullington said in a statement on Tuesday that it would defend its investments during the past decade into clinical research, product development, market development, and intellectual property.
"We have made no agreement with Kurin that would permit Kurin to continue selling its infringing Kurin Lock," he said. "We do not license our proprietary technology and have not agreed to any license with Kurin."