United States Federal Judge Paul G. Cassell granted Hema Metrics' motion for Summary Judgment on the issue of infringement for all inventions.
In the ruling, the court concluded that Hema Metrics' DeltaH method for determining Access Blood Flow does not infringe on Transonic's '989 Patent. In his ruling, the Judge stated that the difference between DeltaH and the '989 patent is "substantial." The Judge also reinstated a prior grant to prove up damages against Transonic. All other motions before the court were denied.
Judge Cassell's ruling came as a result of a May 4, 2004 Summary Judgment Hearing at which all the facts concerning both technologies were presented. "We are very pleased with the court's ruling and hope that this issue is now behind us" said Hema Metrics President and CEO Patrick Moriarty. "From the very beginning, we at Hema Metrics were convinced that our DeltaH Technology did not infringe any patents. We now look forward to continuing to promote our DeltaH Technology to the dialysis community worldwide."