Hospira, based in Lake Forest, Illinois, is using protected technology in products including the Symbiq, Plum and LifeCare brand of infusion equipment, CareFusion said in papers filed yesterday in federal court in Wilmington, Delaware.
“The evidence will likely show” that Hospira has “acted with disregard of CareFusion’s patent rights, without any reasonable basis for doing so,” and should pay lost profits and royalties to San Diego-based CareFusion, according to the complaint.
CareFusion itself was sued Aug. 29 in federal court in Chicago by rival B. Braun Medical Inc. over infusion-pump patents, according to a B. Braun statement.
“We think we’ve got a strong position in this suit and our plan is to vigorously defend it,” said Hospira spokeswoman Tareta Adams in a telephone interview.
CareFusion, with $3.52 billion in sales last fiscal year, rose 44 cents to $25.68 at 12:52 p.m. in New York Stock Exchange composite trading. Hospira, with $3.91 billion in 2010 sales, rose 54 cents or more than one percent to $46.50 on the NYSE.
The case is CareFusion v. Hospira, 11-762, U.S. District Court, District of Delaware (Wilmington).
To see the patents, click: 7,171,277; 7,835,927.