SOURCE: LD Technology

LD Technology

February 12, 2015 09:00 ET

LD Technology Sues Impeto Medical for Unfair Competition and Declaratory Judgment of Non-Infringement of Impeto's Patents and Trademark

LD Technology, LLC v. Impeto Medical SAS aka Impeto Medical Company and Impeto Medical, Inc., U.S. District Court for the Southern District of Florida (Case No: 1:15-CV-20109)

MIAMI, FL--(Marketwired - February 12, 2015) - On January 13, 2015, LD Technology filed suit against Impeto Medical for Unfair Competition, as well as declaratory judgment of non-infringement of Impeto's patents and trademark. http://www.knobbemedical.com/lawsuit-alerts_km/ld-technology-llc-v-impeto-medical-sas-et-al-new-lawsuit-filed/

LD Technology's lawsuit asserts that Impeto has been engaging in unfair competition by making false claims in bad faith to LD Technoloy's customers by alleging that LD Technology is infringing Impeto's patents and trademark rights in order to gain a competitive advantage in the marketplace. LD Technology is also currently investigating the truth of the claims that Impeto has been making about its product and the validity of its purported FDA clearances.

LD Technology believes that Impeto is falsely suggesting that its patents can properly diagnose diseases based on the concept of data mining [1],[2],[3]. LD Technology believes that any Impeto medical product using this patented technology would violate FDA rules and regulations.

Impeto also falsely asserts on its website that "SudoScan measures the ability of a patients sweat glands to release chloride ions in response to an electrochemical stimulus on the palms of the hands and soles of the feet." However, this claim is directly contradicted by a study, co-authored by P. Brunswick, the CEO of Impeto, which states that "Although there was a good correlation between sweat chloride concentration and electrochemical skin conductance, sweat chloride concentrations cannot be extrapolated from ESC at present."

http://www.sciencedirect.com/science/article/pii/S1569199310001372

"Impeto SAS is experiencing severe financial problems [4]. Impeto is trying to justify its business losses to its investors by blaming our company and our superior technology for their loss of business. Not only does LD Technology and its SudoPath system not infringe a single claim of Impeto's patents, but we believe Impeto's patent claims to be invalid and unenforceable as a matter of law. That is why we initiated a suit against Impeto. Only after we sued Impeto, did Impeto counter-sue LD Technology. To show the ridiculousness of Impeto's claims, Impeto claims that it believes that the word SUDOPATH infringes the word SUDOSCAN. Yet, when our attorneys asked Impeto for proof of either trademark infringement or patent infringement, their attorneys were unable or unwilling to provide such proof. Impeto's counterclaims against LD, are a desperate attempt to criticize LD Technology and my good name in order to drive out the competition by frightening our customers with false and baseless accusations of infringement." said LD Technology's President, Albert Maarek.

Much of Impeto's technology originated with A. Maarek when P. Brunswick worked for A. Maarek in France in 2004, before the first Impeto patent applications were filed. A. Maarek believes that P. Brunswick and Impeto improperly used information from A. Maarek that was the subject of a Non-Disclosure Agreement that P. Brunswick signed with A. Maarek.

LD Technology was founded in 2006 in Miami, FL. LD Technology received nine U.S. FDA 510k clearances from 2008 to 2014. More information about LD Technology products can be found at http://www.ldteck.com

[1] http://www.knobbemedical.com/wp-content/uploads/2015/01/US-Patent-No-8655443.pdf

[2] http://www.knobbemedical.com/wp-content/uploads/2015/01/US-Patent-No-8918170.pdf

[3] http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=8934954.PN.&OS=PN/8934954&RS=PN/8934954

[4] http://www.societe.com/analyse-financiere/impeto-medical-482837366.html 
(translatable by use of Google translator)

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