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Preliminary Injunction Issued in Spiritus Lawsuit
Although a federal district court judge in Orlando, Fla, has preliminarily prohibited Eldon Mixon and Cathy Mixon from “manufacturing, making, using, marketing, distributing, selling, offering for sale, or importing the Spiritus nasal cannula interface, any substantially similar product, or any information concerning that product,” Robert C. Beck, the patent attorney for Worldwide Medical Technologies Inc—manufacturer of Spiritus—says the order will not affect dealers’ access to the product. The preliminary injunction emerged from a lawsuit filed in January by Innomed Technologies Inc, Boca Raton, Fla, against the Mixons and Worldwide Medical, Waycross, Ga. The suit alleges that the Mixons broke a noncompete covenant by using confidential drawings and trade secrets about Innomed’s Nasal-Aire nasal cannula interface to aid in the design of Worldwide Medical’s Spiritus. The judge also enjoined “all persons in active concert or participation with” the Mixons who receive actual notice of the court order. “The court’s ruling is especially important because consumers were being confused by Worldwide’s product due to its similar look to Innomed’s product,” said Shara Hernandez, president of Innomed, in a statement released in May. However, Beck says that since the preliminary injunction only runs against the Mixons—who, Beck says, have no current affiliation with Worldwide Medical—it will not affect the manufacturing of Spiritus by Worldwide Medical or its distribution by Conshohocken, Pa-based VIASYS Healthcare Inc, which is not involved in the lawsuit. According to Beck, Innomed would have to pursue a case under Georgia’s jurisdiction to get an injunction placed upon Worldwide Medical. The injunction runs only while the case awaits a full trial on the merits. A trial date has not yet been set.
| HME Insider  Garment electrodes are becoming increasingly valuable because of their adaptability to the body and ability to treat pain. Eric Guldalian, managing director for Neumed, Pennington, NJ, discussed with Dealer/ Provider how his company’s products help electrotherapy and TENS patients.
Q. What are the key benefits of garment electrodes compared to pad electrodes? A. First, garment electrodes do not use aggressive adhesives to attach onto the skin. When a patient has a chronic problem, the action of repeatedly applying and removing a pad electrode to the same site can cause serious skin irritation and breakdown. This can be totally avoided by using our soft garment electrode to deliver the electrostimulation. Second, our garment electrodes are very cost efficient since they can be used for long periods of time without loss of conduction capability. Third, our garment electrodes provide electrostimulation throughout the entire anatomy with which it is making contact. Finally, the brace electrodes that we manufacture combine our conductive fabric into neoprene, which means patients can simultaneously benefit from support through compression, retention of natural body heat, and electrotherapy without removing the brace. The conductive fabric is sewn into the brace so it stays in position for optimal treatment. To use a pad electrode in this type of application results in loss of adhesion due to the moist environment created under the neoprene material of the brace. Q. What patients would benefit most from them? A. Patients with hand disorders, such as carpal tunnel syndrome, reflex sympathetic dystrophy, and arthritis, can benefit from using our garment glove electrodes. Sport injuries on sites such as elbows, knees, and ankles can definitely be treated using sleeve garment electrodes. Lower back pain patients use the TheraKnit conductive back braces. Diabetic patients with foot disorders use conductive socks with pulsed stimulation. Q. How can DME providers encourage the use of garment electrodes? A. Providers should realize that garment electrodes are a reimbursable product. Patient compliance improves when garment electrodes are prescribed. They are soft and comfortable and do not pull hairs or the skin when removed. Also, patient education is minimal since they do not have to be taught where a specific muscle can be found. |
| In Brief • On June 5, Kansas Governor Kathleen Sebelius recognized respiratory manufacturer CareFore Medical Inc, Olathe, Kan, as one of four finalists for the 2003 Kansas Governor’s Exporter of the Year award. The award recognizes exceptional performance in developing export markets for the state of Kansas. • BusinessWeek rated ResMed Inc, San Diego, number 32 in its 100 Hot Growth Companies list for 2003. Investor’s Business Daily ranked the company number 89 in its latest Top 100 Companies in America. • In May, Hans J. Werner, former president of Breas Medical AB in Sweden and Vital Signs International Inc, Totowa, NJ, took on the position of vice president, international sales at Innomed Technologies Inc, Boca Raton, Fla. Werner’s experience includes a 12-year stay at Respironics Inc, Murrysville, Pa, where he last held the title of director of international sales. • In June, Invacare Supply Group (ISG), Holliston, Mass, released the 2003-2004 edition of its Professional Reference/ Wholesale Catalog, a 234-page product guide. It includes more than 500 products; expanded sections for respiratory, incontinence, wound care, DME, diabetic, and orthopedic lines; and new Invacare brand supply items. ISG also offers a version in which all ISG references are removed and the catalog features the dealer’s own logo and contact information on the cover. |
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