SAN FRANCISCO – A San Jose startup is seeking declaration from the court regarding the ownership of patents.
Venclose Inc. filed a complaint on Dec. 28 in the U.S. District Court for the Northern District of California against Covidien LP and Covidien Holding Inc. seeking declaratory judgment of patent ownership.
According to the complaint, the plaintiff alleges that it developed a radiofrequency device for the treatment of vein disease. The plaintiff holds Covidien LP and Covidien Holding Inc. responsible because the defendants allegedly claim ownership of plaintiff's applications despite not having any U.S. Patent and Trade Office records to support their claim.
The plaintiff requests a trial by jury and seeks declare that the plaintiff is the sole owner of the '498, '338, '849, '498, '338 applications, declare that the defendants are not entitled to indirectly or directly interfere with plaintiff's ownership, all legal fees and any other relief as this court deems just. It is represented by Vera M. Elson, Ulrico Rosales, Christopher D. Mays and Margaret Thering of Wilson Sonsini Goodrich & Rosati in Palo Alto.
U.S. District Court for the Northern District of California Case number 3:16-cv-07372-LB