June 14, 2018 – Sherman & Howard’s Intellectual Property Litigation team continues to make strides in a patent infringement case involving client, Repro-Med Systems Inc. Team lead, Jim Sawtelle was quoted in the Law360 article “Reseller Not Enough to Keep Medical Device IP Row in Texas” regarding the decision of Federal Circuit Judge Bryson.
On Monday, June 4, 2018, Judge Bryson granted the medical device company’s bid to transfer a patent suit to the Southern District of New York. Judge Bryson came to this decision after finding that a distributor within the Texas district was insufficient to establish venue. The “arms-length” business relationship established between RMS and their distributor was not enough to create venue under the TC Heartland ruling.
“We believe the Court did an excellent job of analyzing the current state of the law in the wake of TC Heartland, as applied to the facts of this case. Repro-Med Systems remains focused on its mission to improve the quality of life of patients around the world through the design, development and delivery of the highest quality innovative therapeutic solutions, and is pleased to move beyond the distraction of being forced to defend itself in a federal district that is nearly 1,500 miles from its place of business,” said Mr. Sawtelle.
Sherman & Howard’s IP Litigation team’s cutting-edge experience made them a pivotal role in this case. The team was diligent in protecting their client’s valuable intellectual property assets. The IP Litigation team combines their experience and a client-centered approach to defend and enforce the protection of their client’s rights. The hard work the team has displayed for RMS is an essential part to Sherman & Howard’s development of a multidimensional platform where the focus is our clients and offering services that meet all of their needs.
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Sherman & Howard L.L.C. is an Am Law 200 law Firm with ten offices located in Colorado, Arizona, Nevada, Missouri, and New Mexico. Our Firm’s more than 190 attorneys provide high-quality legal and business solutions to a broad range of clients including private, public and government entities throughout the nation and abroad. We have preeminent capabilities in the aerospace and government contracting, infrastructure and construction, financial services, natural resources, telecommunications, technology, manufacturing, consumer products and retail, and nonprofit industries. With more than two dozen attorneys who focus exclusively on estate and tax planning as well as family and matrimonial law, Sherman & Howard also boasts one of the nation’s most respected private client practices.