Nova Oculus vs. Amerivision International

Nova Oculus gets favorable result in legal battle to protect its technology

Litigation against Amerivision Litigation against Ame
Litigation against Amerivision

Litigation against Amerivision secures ground-breaking patents for device Nova Oculus is developing to treat dry AMD

An important judicial settlement in the legal fight to protect ground-breaking patents and intellectual property was reached last week by Nova Oculus Partners, LLC, the company developing a pioneering device to successfully treat the dry version of Age-Related Macular Degeneration.

In September of last year, Nova Oculus filed suit in the U.S. District Court in Minnesota against Amerivision International Inc., and three of that company?s principals: Blair Mowery, Marshall Masko and John Jarding, alleging the defendants misappropriated tangible and intellectual property from another company, Acuity Medical International, that rightfully belongs to Nova Oculus.

The suit, involving primarily allegations of trade secret misappropriation and breach of confidentiality obligations, has now been settled out of court.

Acuity's assets were purchased by Nova Oculus in a trustee bill of sale in 2015 as part of Acuity?s bankruptcy proceedings. The defendants were all principals of Acuity prior to its bankruptcy and formed Amerivision after Nova Oculus had purchased Acuity's assets.

As a result of the litigation, Amerivision has agreed to pay Nova Oculus a confidential amount in monetary damages. Amerivision has also corrected public misstatements it made regarding the existence and viability of its product. Specifically, Amerivision now acknowledges:

  • (1) it has no product;
  • (2) it has no product prototype;
  • (3) it has no designs or technical specifications for a product or product prototype;
  • (4) it has no product being manufactured; and
  • (5) has no product in clinical trials.

The case is Nova Oculus Partners, LLC et al. v. Amerivision International, Inc. et al., Case No. 17-4295 (PAM/SER), in the United States District Court for the District of Minnesota. Nova Oculus was represented in this action by Scott Eidson of the firm Stinson Leonard Street of St. Louis, MO.