NVCN Huge find: A Bay State federal judge tossed a claim alleging that Neovasc violated Massachusetts laws against unfair competition and unfair or deceptive practices. Judge Allison Burroughs ruled May 27 that because most of the wrongdoing took place in Canada, not Massachusetts as required by the statute.
“At trial, CardiAQ did not identify any actionable conduct by Neovasc that occurred inMassachusetts. Throughout the relevant time period, Neovasc was headquartered in Canada. Neovasc received CardiAQ’s confidential information and trade secrets while in Canada, worked on CardiAQ’s prototypes from its facility in Canada, and developed its competing device in Canada,” Burroughs wrote. “Further, because CardiAQ moved to California in February 2010, it is not even clear that CardiAQ experienced all of the harm within Massachusetts.”
Burroughs also said she would require both parties to submit briefs on a remaining correction of inventorship claim, after a hearing on CardiAQ’s bid for an injunction slated for June 3, and plans to decide the inventorship claim and final judgment after that.
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