Major Medical Device Companies’ Dispute Resolved; Waukesha-based Criticare Systems Inc. prevails
MILWAUKEE, WIS. — The law firm of Quarles & Brady LLP today announced that an arbitrator appointed by the American Arbitration Association has ruled in favor of its client, Criticare Systems Inc., denying a nearly $10 million claim made by Taiwan-based BioCare Corporation.
The two medical device companies entered into an agreement in 2000, providing that BioCare would manufacture patient monitoring devices for Criticare. When the agreement ended, BioCare, filed its arbitration demand against Criticare. The arbitrator found that BioCare did not meet its burden of proving breach of contract and other claims against Criticare, including claims alleging the failure of Criticare to reimburse BioCare for raw materials; make interest payments; maintain the exclusivity of BioCare's role as manufacturer; and pay attorney’s fees.
Quarles & Brady partner Daniel Janssen represented Criticare. “We are very pleased with the arbitrator’s decision,” said Janssen. “We believe Criticare fully complied with the parties' contract expectations and their course of dealing.”
About Criticare Systems Inc.
Criticare Systems Inc. is an international medical device company. It also is a subsidiary of Opto Cardiac Care Ltd. In operation since 1984 in Waukesha, Wisconsin, USA, it develops, manufactures and markets patient monitoring systems and accessories used in anesthesia, critical care, medical transport and outpatient care settings. It distributes its products through a worldwide direct sales and distributor network. The company is also active in developing highly technical niche markets through research and OEM partnerships. Additional information can be found at www.csiusa.com.
About the International Centre for Dispute Resolution (ICDR)
Established in 1996 as the global component of the American Arbitration Association, the International Centre for Dispute Resolutionprovides conflict-management services in more than 80 countries, with a staff fluent in 14 languages. Additional information about ICDR can be found at www.icdr.org.