Noble Biomaterials, Inc. Awarded $3.25 Million in Damages Against Argentum Medical LLC.

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Jury enters verdict in favor of Noble in federal court, based on Pennsylvania's Lanham Act, unfair competition and product disparagement claims, ordering Argentum to reimburse Noble for substantial business losses.

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The findings of the jury will now allow SilverSeal® wound care products to compete fairly in the marketplace, unencumbered by false and malicious statements stemming from litigation brought forward by Argentum Medical.

Noble Biomaterials Inc. of Scranton, Pennsylvania was awarded $3,250,000 in compensatory damages against Argentum Medical LLC of Chicago, Illinois, the makers of Silverlon® dressings, and punitive damages against Argentum’s Chief Executive Officer and President.

Argentum Medical commenced this action, claiming that Noble’s SilverSeal® antimicrobial wound care dressings infringed United States Patent No. 7,230,153. The Court dismissed the patent infringement claims on the grounds that Argentum Medical’s claimed exclusive license was invalid. Trial thereafter commenced in Civil Action No. 3:08-CV-1305, United States District Court for the Middle District of Pennsylvania, on Noble’s counterclaims that Argentum Medical and its management pursued baseless litigation and falsely advised the market that SilverSeal® infringed the ‘153 Patent. The jury entered a verdict for Noble upon its Lanham Act, unfair competition and product disparagement claims and required Argentum Medical to reimburse Noble for the substantial business losses it sustained as a result of the cloud of baseless patent infringement claims that shrouded SilverSeal®. The jury also imposed punitive damages upon Gregg Silver and Tom Miller.

Noble’s Chief Executive Officer, Jeffery Keane states, “The findings of the jury will now allow SilverSeal® wound care products to compete fairly in the marketplace, unencumbered by false and malicious statements stemming from litigation brought forward by Argentum Medical. Noble is eager to continue delivering innovative and fairly priced wound care solutions to our customers and patients.”

Noble Biomaterials is a global leader in bacterial management solutions, with innovative technology brands including X-STATIC®, XT2™, FreshAg™ and SilverSeal®. Noble was represented in the litigation by Robert Hayes, Esquire of Cozen O’Connor.

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Karin Recchione