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Imaging Solutions Awarded Increased Amount Against Macro Niche, R/Med and Ruthemeyer in Houston Lawsuit

by Luke Molnar

HOUSTON, TEXAS, 19 May 2014 — The U.S. District Court for the Southern District of Texas has ordered Houston-based Macro Niche Software, Inc., R/Med, Inc., and the CEO Michael J. Ruthemeyer to pay healthcare imaging equipment supplier Imaging Solutions the sum of $174,463.49. This amount includes $35,265.57 in full costs awarded to Imaging Solutions as the prevailing party on the claims brought by Macro Niche and Mr. Ruthemeyer.

The sum also includes $129,607 in damages unanimously awarded to Imaging Solutions by a Houston jury in January 2014 for misrepresentations and fraud committed by Macro Niche, R/Med, and Ruthemeyer. Specifically, Ruthemeyer was found to have supplied false and misleading information to Imaging Solutions regarding an agreement to award a new exclusive distributorship for ApronCheck in Australia and New Zealand. The case began in August 2012 when Macro Niche, R/Med., Inc., and Ruthemeyer sued Imaging Solutions for copyright infringement and civil conspiracy. Both claims were dismissed by the Court on summary judgment in December 2013.

In a string of favourable rulings for Imaging Solutions, the Court denied Macro Niche and Mr. Ruthemeyer’s requests for a new trial and reconsideration of the Court’s prior rulings. The Court also awarded Imaging Solutions its full costs as the prevailing party on claims brought by Macro Niche and Mr. Ruthemeyer, noting that Mr. Ruthemeyer’s “copyright claim was without merit.”

“Our position from the very beginning when Macro Niche and Mr. Ruthemeyer filed the lawsuit was that the claims were completely devoid of any merit whatsoever. Having expended considerable time and effort to defend ourselves against what we viewed as irresponsible behaviour, we take some solace in the Court’s agreement with our position,” said Glenn Honey, Imaging Solutions’ Managing Director.

Mr. Honey also continued his praise for Imaging Solutions’ attorneys, Gregory L. Porter and Lee Davis, both of Houston’s Andrews Kurth. “Greg and Lee believed in our position from the very beginning,” Mr. Honey says. “We are thankful for their continued outstanding legal work and dedication to us and for allowing us to get on with our business and back to focusing on our customers.”

Mr. Porter added, “We take a personal interest in representing our clients and are proud to deliver another favourable outcome for Imaging Solutions. We have a seasoned intellectual property team dedicated to ensuring our clients’ IP assets, business brands and global presence are consistently, strategically, and effectively managed, protected, and enforced.”

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About Imaging Solutions

Imaging Solutions is a specialist supplier of superior medical imaging and general healthcare products in Australian, New Zealand and South-East Asian markets. Our extensive product portfolio is built around products and brands that are world leaders in their respective categories. The company’s strategic and operational objective is to be the healthcare industry’s supplier of choice. Our critical point of difference is our single source supplier formula that allows us to deliver outstanding value and unrivalled convenience to our customers. Energy, integrity, loyalty, growth and teamwork are the foundation of the company’s core values and culture. At Imaging Solutions, minds are open, new ideas welcomed, teamwork paramount and the company’s culture drives it forward.

More Information

Should you require further information, please contact Michael Crosby by phone on +61 7 3209 9712 or by e-mail at [email protected] You can also visit the Imaging Solutions website at www.imagingsol.com.au.