Chinmax Medical Systems files complaint against Inverness Medical Beijing over distribution rights for Biosite products

On January 28, 2010, Chinmax Medical Systems, Inc., a leading distributor of clinical diagnostics in China, filed a civil complaint in the People's Court of Yangpu District, Shanghai against Inverness Medical Beijing Co. Ltd., a subsidiary of Inverness Medical Innovations, Inc. ( IMA).

According to the complaint, Chinmax is the exclusive distributor in China of diagnostics products manufactured by Biosite Incorporated, a leading cardiac biomarkers company in San Diego, California, USA. Biosite was acquired by Inverness Medical Innovations, Inc. (NYSE: IMA) in June 2007. The complaint accused Inverness Medical Beijing Co. Ltd., along with a second defendant, Shanghai Tongwei Medical Device Co. Ltd., of infringing Chinmax's exclusive distribution rights by importing and selling the relevant products in China without permission. The complaint also accused Inverness Medical Beijing of infringing Chinmax's proprietary rights to the relevant product registrations issued by China's State Food and Drug Administration ("SFDA").

Chinmax is seeking from the court a cease and desist order prohibiting the defendants from importing and selling the relevant products in China. Chinmax is also asking the court to order Inverness Medical Beijing to return the relevant product registration documents to Chinmax and stop infringing acts before China's State Food and Drug Administration ("SFDA").

"We have invested too much in helping Biosite become the market leader in China to allow the infringement of our rights," said Kevin Yue, President of Chinmax. "We will vigorously protect our rights, and take necessary actions against any infringers."

Chinmax has been distributing Biosite products for over 10 years since 1999, and the Biosite Triage products currently have more than 80% of the heart failure diagnostics market share in China.