Kidz-Med Inc., a subsidiary of American Scientific Resources, Inc., a supplier of the Thermofocus 5-in-1 thermometer, along with Tecnimed SRL, the manufacturer of the Thermofocus, are each denying allegations that the non-contact thermometer has infringed US patents owned by Exergen Corp. The complaint filed by Exergen Corporation on August 15, 2008, in the United States Federal District Court for the District of Massachusetts, identifies the following five US patents as being infringed: US Patent No. 5,012,813, US Patent No. 6,056,435, US Patent No. 6,299,347, US Patent No. 6,499,877 and US Patent No. 7,314,309. The law firm representing Exergen is Fish & Richardson, PC and the lead attorney is Heidi E. Harvey.
A Company spokesman for Kidz-Med has announced that the company is mounting what it considers to be a strong defense to these allegations and intends to do so vigorously. If you look at the Kidz-Med and American Scientific Resources Answer to the complaint filed by Exergen there is nothing out of the ordinary (i.e., deny everything and throw in as many vague defenses that you can think of), although the answer does contain a counter-claim, not against Exergen but against co-defendant Tecimed SRL, so the finger pointing has already begun. The law firms representing Kidz-Med and American Scientific Resources are McGowan and Associates (as local counsel) and Yeskoo Hogan & Tamlyn.
According to Kidz-Med, the patented Thermofocus 5-in-1 is the first clinical thermometer in the world that makes absolutely no contact with the skin in order to take a temperature at a distance from the forehead. It has an exclusive optical aiming system that allows the user to easily and quickly position the device at the correct and constant distance from the skin. It was included in an independent clinical study conducted by the University of Milan in 2007, which proved that the infrared device measures body temperature safely and accurately at different places on the body (including the forehead) without any skin contact.
The Thermofocus 5-in-1 non-contact thermometer received the 2008 European Temperature Monitoring Devices Technology Innovation Award given by Frost & Sullivan to recognize Tecnimed for its innovation in introducing the first non-contact clinical thermometer. Francesco Bellifemine, Tecnimed’s president stated, “It is an honor to be Frost & Sullivan’s choice of the year as a technological innovator. As we continue to expand awareness for the Thermofocus, this award will give enormous credibility to the purchasing decision makers of top retail stores.”
“As a meticulous pioneer in the healthcare industry, Tecnimed deserved an accolade of this magnitude. This award re-affirms our reasoning behind stating that this thermometer is going to become the gold standard in thermometry,” states Dr. Christopher F. Tirotta, CEO of American Scientific Resources, Inc.
Kidz-Med distributes the Thermofocus nationwide through Walgreens, the leading worldwide specialty baby retailer, online retail sites and Kidzmed.com. It was also included in an independent clinical study conducted by the University of Milan in 2007, which proved that the thermometer was as accurate as rectal and ear thermometers.