Free Declaration - District Court of Delaware - Delaware

Case 1 :07-cv-00468-JJF Document 12 Filed 10/1 1/2007 Page 1 of 4
l IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
, ICU MEDICAL, INC., ._ )
' )
Plaintiff; ) C.A. No. 1: 07¥002l6K¥.TJ`F “
‘ )
` v. )
)
RYMED TECHNOLOGIES, INC., ) ·
” Defendant. )
DECLARATION OF DANA WILLIAM RYAN IN SUPPORT OF RYMED
TECHNOLOGIES, INC.’S MOTION TO TRANSFER VENUE PURSUANT TO
' ‘ 28 U.S.C. § 1404gu)
I, Dana William Ryan, declare that _ '
1. The facts set forth below in this declaration are based upon my personal z
knowledge, and if called as a witness, I could and would testify competently to those
, facts. ` _ _
2. ' I am currently the Director and Chairman ofthe Ecard of Directors ofRyl\/[ed
Technologies, Inc. ("RyMed."). RyMed Technologies, Inc., founded in 1994, specializes
in the development and marketing of innovative safety 'produets in the Held of
intravenous catheter care management. I _ '
3. The components of RyMed’s products are manufactured at Accellent Endoscopy .
in Upland, California; A.C. Hofiinan in Riverside, California; and Hi-Tech Rubber in
Anaheim, California Those components are then assembled and packaged in Mexico. ·
4. RyMed sells its products, including its Invision-Pl11s@'NEU“It{AL“’ LV.
Connector System, through a distributor, Medical Specialties Distributors, located in City p
oflndustry, Califomia. ~ `
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‘ “ Case 1 :07-cv-00468-JJ F Document 12 Filed 10/1 1/2007 Page 2 of 4
` 5. RyMed’s products are currently sold to six hospitals in California: (1) Doctors
O Hospital in Modesto, California; (2) Good Samaritan Hospital in San Jose, California; (3)
Mills Peninsula Hospital in Burlingame, California; (4) Veterans Affairs Medical Center
in San Francisco, California; (5) Feather River Hospitalin Paradise, California; and (6)
Sutter Roseville Medical Center in Roseville, California. p
6. RyMed does not have any manufacturing facilities, distributors, or hospital
p accounts within the state of Delaware. l
e 7. RyMed does not engage in any research or development activities within the state _
ofDelawsre.
n _ 8. RyMed does not any facilities or employ any personnel the state _
· of Delaware. Rylt/led does not maintain storage facilities the state of Delaware.
RyMed does not store tiles, records, or other documents within the state of Delaware.
Ryll/led does not keep business mail drops, bank accounts, or telephone numbers within
· the state of Delaware. ‘ l . t ~ O
' 9. Over the past year, Rylx/led has designed a new InVision-Plus® commercial
product, the InVision-Plus® Neutral® with Modified Boot. Ryhlied will begin olfering
the InVision-P1us® Neunallm with Modified Boot for sale in the tirst quarter of 2008. To l
that end, RyMed has taken a series of stepsto begin commercialization, advertising, and
l sales. Those steps include: , .
_ · a. The completion of all engineering desigr drawings for the new modified boot;
bl. The completion of all engineering functional testing on the new modiiied · v
boot§
t c. The completion of all sterilization testing on the new modiiied boot; · '
d. development of a large cavitation production mold ofthe new modified
boot design scheduled for completion in the late fourth quarter of 2007; and
e. The preparation of sales and marketing literature for the modilied boot design.
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_ Case 1 :07-cv-00468-JJF Document 12 Filed 10/1 1/2007 Page 3 of 4
I declare under penalty of perjuxy under the laws of United States of America that the
foregoing is true and correct.
Dana William Ryan
Executed in Williamson County, Franklin, Tennessee on October 10, 2007.
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Case 1:07-cv-00468-JJF Document 12 Filed 10/11/2007 Page 4 of 4
CERTIFICATE OF SERVICE
The undersigned counsel certifies that, on October ll, 2007, he electronically
filed the foregoing document with the Clerk of the Court using CM/ECF, which will send
automatic notification of the filing to the following:
Richard L. Horwitz, Esquire
Kenneth L. Dorsney, Esquire
Potter, Anderson & Corroon, LLP
1313 N. Market Street, 6th Floor
Wilmington, Delaware 19899
The undersigned counsel further certifies that, on October ll, 2007, copies of the
foregoing document were sent by email and hand to the above local counsel and by email
and first class mail to the following non—registered participant:
James Pooley, Esquire
Marc Peters, Esquire
Kimberly Van Voorhis, Esquire
Morrison & Foerster, LLP
755 Page Mill Road
Palo Alto, CA 94304
/s/ Richard D. Kirk (rk0922)
Richard D. Kirk
666484-1