Thermo Sues Innov-X Alleging Unfair Competition
The complaint cites Innov-X sales materials that were presented to Niton customers by three of Innov-X’s Asian distributors, as well oral misrepresentations made by Innov-X representatives to US customers. Innov-X stated in its motion that it did not produce the materials used by the distributors.
Boston, MA 12/2/09; Boston, MA 12/29/09—Thermo Fisher Scientific has filed suit against Innov-X Systems, a developer and manufacturer of X-ray Fluorescence (XRF) systems. The suit filed in US District Court for the District of Massachusetts charges Innov-X with false advertising, unfair competition, deceptive trade practices, intentional interference with business relations, product disparagement and business defamation. The charges are in connection with the alleged misrepresented of the radiation risks of Thermo’s Niton XRF analyzers in presentation materials. Thermo seeks injunctive relief and damages. A hearing has been set for January 13 to consider Thermo’s request for a preliminary injunction. In its opposition to the motion for the preliminary injunction, Innov-X denied the charges and stated that the presentations were changed after receiving updated materials, among other defenses.
