Will the distribution for several years by Dentsply of a counterfeit Curing light device called Mpa2000, wipe out the entire profits the Company is reporting for 2004?
Paris, France (PRWEB) February 2, 2005 -- For the last 4 years or so, Dentsply International Inc. (NasdaqNM:XRAY) has been distributing a Curing light device called Mpa2000, a counterfeit of a patented system developed by two french Inventors: Pascal Cuypers, a dental technician, & Charles Breda, an industrialist of the region of Toulouse (South West of France).
Dentsply first signed an Exclusive Distribution Agreement of such device on May 20th, 1999, with Dr Delahaye, DDS, as CEO of Newave Medical Inc. (Delaware - USA), without checking if such Doctor, Newave or its french parent company: IDR (owned by the same Doctor), had any rights over such apparatus. Pascal Cuypers informed Dentsply of the fraud on October 4th, 1999, by registered letter, met with Dentsplys then Corporate Planning Vice-President: Michael D. Hanson at the ensuing mid-winter conference, but obtained nothing more than a stand-offish attitude through a reply letter dated March 20th, 2000.
Soon after, Dentsply must have noticed that the Manufacturer along with the performance of the Mpa2000 changed, when compared with the successful tests approved by Dentsplys own engineers: Steven Jefferies and Dr Leinfelder as achieved in Dentsplys own laboratories with the active participation of Mr. Cuypers (in his capacity of Inventor). Dentsply therefore introduced a second machine in its catalogue: the Post-cure, to match, with two machines, the performance of the sole original device of Cuypers & Breda.
When Dentsply sent the counterfeit Mpa2000 for repair to the original manufacturer: Charles Bredas own company, the fraud was discovered & consigned by a Bailiff on April 28th, 2000. This did not stop Dentsply to continue to distribute the conterfeit Mpa2000 throughout the world.
Despite a further detailed information letter dated April 20th, 2002, to Brian Addison, Dentsply's current General Counsel & Secretary, with a copy to Mr. Schollmaier, a Director, Dentsply purchased the Patent filed by Dr Delahaye for the Mpa2000, through an Asset & Sale Purchase Agreement signed on June 26th, 2002, which Schedule 5.7 mentions: IDR received notice from Breda, Cuypers and Lieberherr Associates claiming that the Mpa2000 infringed French Patent #98.01476. From then onwards, Dentsply dealt directly with the Manufacturer counterfeiting the Mpa2000 and was delivered and billed directly by them.
Cuypers & Breda were hence left with no other choice but to file legal claims against IDR and the Manufacturer of the counterfeit Mpa2000 and, on November 9th, 2004, obtained a Judgment (Reference: RG 00/13149) from the 3rd High Civil Court of Paris, France, which specifically :
- Recognizes that IDR and the Manufacturer: Laumonnier SA, performed counterfeit acts,
- Forbids IDR and the Manufacturer to import, transform, manufacture and propose for sale Curing light devices that reproduce the claims & characteristics # 1 to 3 and 10 of the french Patent # 98.01476 of Cuypers & Breda. It also considers the Patent filed by Doctor Delahaye as irrelevant! In other words, Dentsply purchased the rights to a counterfeit Patent!
Even the french newspapers have reported the story (Liberation – January 15th, 2005 – Second Edition N° 7366 – Page 17 – www.liberation.fr - article # 268279)!
This Judgment probably explains the sudden disappearance of the Mpa2000 from all the on-line catalogues of Dentsply & subsidiaries, although the reference to the Mpa2000 still appears in a number of sites such as the Cristobal+ Users Manual. Indeed, according to Dentsplys own websites, the Cristobal+ (a.k.a. Colombus) needs the Mpa2000 (or Dentsply's Two in one machine) for best performance!
Meanwhile, Dr Delahaye organized his insolvency in France and IDR was put in liquidation on August 9th, 2004, leaving no recourse to Dentsply.
After several years of successful litigation in France, the Inventors are now looking at litigation against Dentsply, for Compensatory and Punitive damages in the hundreds of millions of dollars, enough to wipe out the entire 2004 profits of Dentsply.
All mentioned letters & documents are on file.
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