Los Angeles, CA – A patent infringement lawsuit was filed by Neurographix, an exclusive licensee of the patent at issue, in the Federal District Court in Los Angeles, accusing Pasadena based Oak Tree Medical Corporation of infringing on the licensed patent. The University of Washington is the owner by assignment of the invention covered by U.S. Patent No. 5,560,360, entitled “Image Neurography and Diffusion Anisotropy Imaging.” Pursuant to a first licensing agreement, the University of Washington granted an exclusive license to the ‘360 patent to the Washington Research Foundation. The foundation, in turn, granted an exclusive license to the ‘360 patent to Neurografix.
The complaint alleges that defendants Oak Tree Medical and Dr. Jay Tsuruda are infringing the ‘360 patent by making, using, importing, offering for sale, and/or selling products and services which provide peripheral nerve MRI imaging services. It is alleged that “Defendants knowingly, willfully, and deliberately infringed and, on information and belief, continue to infringe the ‘360 Patent in conscious disregard of [Neurografix’s] and [Washington Research Foundation’s] rights, making this case exceptional within the meaning of 35 U.S.C. §285 and justifying treble damages pursuant to 35 U.S.C. §284.” Plaintiffs also seek both preliminary and permanent injunctions against further alleged infringement. The case is titled Neurografix et al. v. Oak Tree Medical Corporation et al., CV 08-02923 CAS (C.D. Cal. 2008).