Free Declaration - District Court of Delaware - Delaware

Case 1 :08-cv-00172-GIVIS Document 15 Filed 05/15/2008 Page 1 of 2
1 ` IN TIIE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
VYGON,
Plamum C.A. No. 08-I 72~GMS
vs. .
RYMED ’I`ECI{NOLOGIES, INC.,
Defendant.
DECLARATION OFBANA WILQQAM IRXAN IN SUPPORT OF DEFENDANT RYMED
OLOGIES, INCJS REP_L[J§[_BRIEF IN SUPPORT OF ITS QOTION T0 DISMISS
OR gL]§ RNATIVE f!j0_ TRANSFER
I, Damn William Ryan, decloxe that
1 . The facts set forth below in this declaration are based upon my personal knowledge,.
and if called as e witness, I could and would testify competently to those facts.
2. I em currently the Dixector end Chairmen ofthe Board of Directors of Ry}/led `
Technologies, Inc. (“RyMed"). RyMed Technologies, Inc., founded in 1994, specializes in the
development one marketing of innovative safety products in the field of intxavenolts catheter care
management.
3. Ry1\/led created the I11Vision-Plus® N}iUTRAL® LV. Connector System. The
InVision-P1m® NBU’1`RAL® LV. Connector System is designed to prevent blood reflux into e ·
catheter lumen when an InVision—P1us® NEUTRAL® product is connected to and disconnected
from a syringe andfor LV. set. This product reduces the possibility of intraluminal. thrombotic
e catheter occlusions, es well as reduces the possibility of inttalutninel catheter-related
bloodstream infections.
4. Ryhded has Of1°€I‘¢d for sale and designed its InVision·P1us® NEU'I‘RAL® LV.
Connector System in Tennessee. RyMed’s newest InVision-Plus® NEU’IRAL® Connector
System product is the InVision-P1us® NI2UTRAL® with Modified Boot. Rylvled has
1
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Case 1 :08-cv—OO172-GIVIS Document 15 Filed 05/15/2008 Page 2 of 2
maxxufacturcd md currently olfcrs for sale: and. s¢;:Hs the InVisio¤-P§us"° NEUTRAL® with
Modified Boot. It has. bm-zu showniu marketing Htzmtmesincn June of 2006.
5. R.yMcd is headquartered in Franklin, Tennessee and has its ccoxpomte offices in
Tennessee. Saks and marketing ycrscnncl for Ry}/Ind are located in Tennessee, including the
National Sales Manager, the Eastern Division Salas Manager, the National Marketing Manager,
and the Tcrrituxial Sales Mawagcr for Tcrmcsscc. RyMc¤d retains its ccxpcralac tiles and records
an its Tennessee ofliccs. RyMcd also carries out product development in Tennessee- Ryb/{ed has.
signiicam sales ofthe: products at issue in the aztion in Tennessee.
6. RyMcd is incorporated in Delaware. RyMcd has no facilities or personnel in
Dciawaxc. RyMcd does not (i) manufactutc products in Dclawarc, (ii) distribute or sell products
in Dclsxmxa, or (iii) cany out any research or development in Delaware. Nor docs Rylvicd sell
its products in Dciawarc.
7- Them are no rc1cvzmtRyM¤d Elm, records, cr otlwr documents 511 Dclavvare. Ry1\/{cd
docs not maintain storage facilities thc State of Dclawmc. Nur docs RyM¢-nd maintain
business mail drops, bank accounts, or telephone mzmbm within the State of Delaware.
8. 01:1 iufcxmaticu and bclicg Vygcm only xccemly purchased Churchiu Medical I
Systems, Inc., Dover, NH in about Jammry, 2008.
I dcclam under pc11a1ty 0fpc1jjm‘y undcx the laws c•fU11itcd States 0fAm¤ri¤¤ that the
foregoing is tmc mai coxxcct. Executed iu Williamson County, Franklin, Tennessee on May 15,
2608, ` =
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g Case 1:08—cv—00172-Gl\/IS Document 15-2 Filed 05/15/2008 Page 1 of 1
CERTIFICATE OF SERVICE
The undersigned counsel certities that, on May 15, 2008, he electronically tiled
the foregoing document with the Clerk ofthe Court using CM/ECF, which will send
automatic notification of the tiling to the following:
J osy W. Ingersoll, Esquire
Adam W. Pofi Esquire
M Young Conaway Stargatt & Taylor
The Brandywine Building
1000 West Street, 17th Floor
Wilmington, Delaware 19899 .
I The undersigned counsel further certifies that, on May 15, 2008, copies of the
foregoing document were sent by hand to the above local counsel and by first class mail
to the following non—registered participant:
Maxim H. Waldbaum, Esquire
Lori D. Greendorfer, Esquire
Henry L. Mann, Esquire
Kelly L. Morron, Esquire
Schiff Hardin LLP
900 Third Avenue
New York, New York 10022
/s/ Richard B. Kirk grk09223 ’
Richard D. Kirk
{BAY008l7l ism

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