Wyatt Technology has filed a lawsuit against Malvern Instruments, requesting the US federal court to halt "further infringement" of Wyatt's copyrighted software and other materials by its competitor
Wyatt also seeks damages for false advertising by Malvern, which is allegedly using third party test data to promote its Zetasizer Nano systems.
Philip Wyatt, chairman and CEO of Wyatt, stated: "I am particularly surprised and saddened that a subsidiary of so distinguished a British firm would so blatantly ignore US and California laws regarding our protected materials.
"We have requested the court to redress this unlawful behavior and protect the customers from deception.
"Once the facts are appropriately considered by Malvern's parent company, we believe that they will take all appropriate corrective measures against those Malvern employees involved in this attempt to steal what they were unable to purchase".
Geofrey Wyatt, president of Wyatt, added: "Malvern's attempt to gain unlawful and accelerated access to markets in which they have never significantly participated cannot be permitted to continue.
"Passing off our DynaPro data as their own is egregious enough.
"But to have copied such a vast array of our works and materials is startling.
"We intend to vigorously pursue recovering economic damages as well as statutory penalties imposed by law for Malvern's ongoing conduct".
Responding to the news, Malvern managing director Paul Walker gave an unequivocal rebuttal: "The action being pursued by Wyatt Technology, which was brought without any prior notice, is completely unfounded.
"Malvern Instruments maintains the highest standards in all its business activities and will be mounting a vigorous challenge to this action.
"The Zetasizer Nano is one of the most successful particle characterisation systems that Malvern has ever produced, and we expect to see continued sales growth this year.
"Since its launch in 2003, the system has been received enthusiastically in areas from colloid science through nanomaterials to protein characterisation, providing a genuinely easy-to-use and powerful analytical tool.
"In all these areas our customers can be confident that they are receiving expert technical and applications support from Malvern's own experienced and highly knowledgeable team."
