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Posted: January 9, 2008
Wyatt Seeks $25 Million in Damages From Malvern for Willful Infringement
(Nanowerk News) Wyatt Technology Corporation announced the filing of its lawsuit against Malvern Instruments, Inc., a wholly-owned subsidiary of Spectris, Plc.
The lawsuit, filed in the United States District Court for the Central District of California, requests the Federal Court to halt further infringement of Wyatt's copyrighted software and other materials by its competitor Malvern Instruments, Inc. Wyatt also seeks damages for false advertising by Malvern who is allegedly using third party test data to promote their Zetasizer Nano Systems.
Dr. Philip Wyatt, Chairman and CEO of Wyatt stated: "I am particularly surprised and saddened that a subsidiary of so distinguished a British firm would so blatantly ignore U.S. and California laws regarding our protected materials. We have requested the Court to redress this unlawful behavior and protect the customers from deception. Once the facts are appropriately considered by Malvern's parent company, we believe that they will take all appropriate corrective measures against those Malvern employees involved in this attempt to steal what they were unable to purchase."
Geofrey Wyatt, President of Wyatt added: "Malvern's attempt to gain unlawful and accelerated access to markets in which they have never significantly participated cannot be permitted to continue. Passing off our DynaPro data as their own is egregious enough. But to have copied such a vast array of our works and materials is startling. We intend to vigorously pursue recovering economic damages as well as statutory penalties imposed by law for Malvern's ongoing conduct."