Tech company denies patent infringement
The Denver Business Journal - 5:02 PM MDT Tuesday
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A Maryland technology company has denied that it infringed on a patent held by a Boulder-based company.
In a response filed Monday in U.S. District Court in Denver, Cdex Inc. (OTC: CEXI) said developed its own intellectual property rights for its ValiMed system, a device that verifies narcotic disposal and validates pharmaceuticals, including the chemical concentration, in patient medications.
Analytical Spectral Devices (ASD) recently filed suit in U.S. District Court in Denver alleging that Cdex's ValiMed system infringes on one or more claims of a patent ASD was issued in August 2004 for its RxSpec system.
The suit contends that Cdex had knowledge of ASD's patent before entering a $1.5 million investment agreement with Englewood-based Baxa Corp., which distributed the product.
ASD seeks financial damages for loss of business and attorneys fees as well as other relief.
In a statement released Tuesday, Jim Griffin, president and CEO of Rockville, Md.-based Cdex, said the case is without merit.
"We will aggressively defend our rights to practice our own technology, which has been the result of many years of independent research and development," he said.
The lawsuit claims the two systems are similar. Both products use technology to make sure prescription drugs have the correct chemical composition and dose strength.
Cdex says in a recent filing with the Securities and Exchange Commission that the company "will investigate ASD's complaint and take any and all necessary actions to remove ASD's complaint against Cdex."