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RECOR MEDICAL, INC. v. WARNKING

C.A. No. 7387-VCN.

RECOR MEDICAL, INC., a Delaware corporation, Plaintiff, v. REINHARD WARNKING and SOUND INTERVENTIONS, INC., a Delaware corporation, Defendants.

Court of Chancery of Delaware.

Decided: May 31, 2013.

Revised: July 16, 2013.

Attorney(s) appearing for the Case

Daniel B. Rath, Esquire , Rebecca L. Butcher, Esquire , and K. Tyler O'Connell Esquire , of Landis Rath & Cobb LLP, Wilmington, Delaware, and John W. Holcomb Esquire , of Knobbe Martens Olson & Bear LLP, Riverside, California, Attorneys for Plaintiff.

Thomas M. Horan Esquire , of Womble Carlyle Sandridge & Rice, LLP, Wilmington, Delaware, and Joseph N. Campolo Esquire , and Eryn Y. Deblois Esquire , of Campolo, Middleton & McCormick, LLP Bohemia, New York, Attorneys for Defendants.

MEMORANDUM OPINION

NOBLE, Vice Chancellor.

This is a dispute over the ownership of two patents that document the use of ultrasound in renal denervation—the process of damaging the sympathetic nerves surrounding the renal arteries—to treat hypertension. The first patent sets forth the proper application of ultrasound, by use of an ultrasound catheter inside the renal artery, at a specific intensity for a specific duration, for purposes of ablating...

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