Court Denies Polyzen’s Summary Judgment Motion in Litigation with RadiaDyne Over Medical Balloon Device Because of Lack of Standing

March 30, 2017 – In its ongoing dispute with RadiaDyne, LLC, Polyzen, Inc. lost a summary judgment motion in a March 28, 2017 Order issued by Chief United States District Judge James C. Dever III of the United States District Court for the Eastern District of North Carolina (Western Division).  Judge Dever ruled that because RadiaDyne was a co-owner of the patent-at-issue through a Development and Commercialization Agreement between RadiaDyne and Polyzen, and did not consent to being sued by Polyzen, Polyzen lacked standing to bring the lawsuit on its own and the court lacked subject matter jurisdiction to hear the case.  The patent at issue is U.S. Patent No. 8,740,845, entitled: “Multi-Layer Film Welded Articulated Balloon,” which relates to an inflatable medical balloon device for use in cardiovascular and other medical procedures.  The case caption is Polyzen, Inc. v. RadiaDyne, LLC, Civil Action No. 5:14-cv-323-D (E.D.N.C.).

By: Frederick C. Millett

View Attachment (PDF)