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Magnolia Countersues Kurin in Blood Collection Tech Dispute

NEW YORK (360Dx) — Magnolia Medical Technologies today said it has filed a countersuit against medical device firm Kurin alleging unfair competition and false advertising, marking the latest development in an ongoing legal battle between the companies over their respective blood culture collection technologies.

The dispute began in May when Kurin sued Magnolia for allegedly making false claims about the efficacy and regulatory status of Magnolia’s Steripath blood culture collection system, which is designed to divert a small volume of an initial blood sample from the main collection container to prevent contamination and false positives. Kurin markets a similar product called the Kurin Lock.

Kurin Lock has received 510(k) clearance from the US Food and Drug Administration, while Steripath has not.

In its countersuit, Magnolia denies all of Kurin's allegations and charges that Kurin is using the litigation in order to "hinder Magnolia's growth and success." Echoing claims in Kurin's lawsuit, Magnolia further alleges in its countersuit that Kurin has misrepresented the capabilities of Kurin Lock and clinical data around the product, as well as falsely implied that it is superior to Steripath.

"Kurin's false and/or misleading representations were made in bad faith and with intent to confuse the relevant consumers and with intent to bolster sales of Kurin's products at the expense of Magnolia's products," the countersuit states.

Magnolia is asking the court to dismiss the charges in Kurin's suit, as well as for attorneys' fees and damages.