On Wednesday, November 22, 2006, Worldwide Innovations & Technologies, Inc. & AngioSystems, Inc., represented by the law firm of Cuccinelli & Day, PLLC, filed a motion seeking a preliminary injunction against defendant Microtek Medical, Inc. for alleged infringement of Worldwide’s U.S. Patent No. 4,938,233 in the Northern District of Mississippi federal court.

Worldwide and AngioSystem’s case for patent infringement and trademark infringement was filed last month by their legal team, led by Ken Cuccinelli, II.  Extensive supporting affidavits and the results of product testing were filed as evidence in support of its request for an immediate injunction against Microtek’s RadBarrier products.  “We believe that we can clearly establish that RadBarrier falls squarely within the claims of the ‘233 patent” said lead attorney, Ken Cuccinelli.  “And we have presented to the Court extensive evidence that we believe proves Microtek’s infringement of the patent.”

Microtek is expected to respond in the next two weeks.  It is unknown when the Court will conduct a hearing on the motion.  “We are hoping the Court will consider our evidence and enter an order enjoining Microtek from selling, promoting or distributing RadBarrier in December,” said Cuccinelli.

Worldwide is the owner of the ‘233 patent and AngioSystems is the exclusive manufacturer under the patent.  The patented product sold by Worldwide and AngioSystems is RADPAD®.  According to Cuccinelli, Worldwide and AngioSystems have lost sales of RADPAD® due to price cutting by Microtek, something the plaintiffs assert Microtek can do because they manufacture their product offshore without paying any royalties under the ‘233 patent.

Worldwide and AngioSystems have also alleged that Microtek knew about the ‘233 patent and proceeded to infringe the patent anyway.  If Microtek is found to have willfully infringed the ‘233 patent, Worldwide and AngioSystems will have the opportunity to collect triple damages and attorney fees and costs.  “That’s what we’re aiming for,” said lead attorney Ken Cuccinelli.

Working with Cuccinelli & Day, PLLC as local counsel is Wayne Williams of Webb, Sanders & Williams P.L.L.C. in Tupelo, Mississippi.

For further information please contact Kenneth T. Cuccinelli, member of Cuccinelli & Day PLLC at 703-268-5600.

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