ViQUAL Medical Technology, a Black-owned biotech company, has officially filed an appeal in its legal battle against Kaiser Permanente, which involves a case valued in the neighborhood of $900 million (according to Law360’s March 22, 2024 article by Marl Karpan in LSIPR – Life Sciences Intellectual Property Review’s publication) to well over $1.5 billion based on estimated profits encompassing years 2012 – 2025 and future projections.
Per George McKinney, CEO of ViQUAL Medical Technology, the appeal alleges serious allegations of misconduct, including the theft of Intellectual Property (IP) and Trade Secrets, as well as corporate exploitation of the legal system to prevent small businesses from achieving their rightful success. The case represents not only a challenge for ViQUAL but also underscores the broader systemic issues faced by Black innovators within the healthcare and biotech sectors.
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ViQUAL says this case centers on Kaiser Permanente’s alleged concealment of key evidence including an enabled badge and a wearable wristband that was pivotal to the case, and despite videos showing clear evidence supporting its claims, these materials were reportedly overlooked by the presiding judge on the case at the time, raising concerns about the integrity of the legal proceedings.
Additionally, ViQUAL alleges Kaiser Permanente has retained their former Attorney Knobbe Martens, which held the company’s Intellectual Property (IP) and Trade Secrets, while they were still under retainer with ViQUAL, which has led to questions about a potential conflict of interest. This development further complicates an already complex legal landscape, undermining the ethical standards expected of corporate entities.
A significant aspect of the case involves ViQUAL’s claim(s) that its Trade Secrets were stolen after Kaiser signed a Non-Disclosure, Non-Compete Agreement (NDA) in 2012. McKinney alleges ViQUAL Medical Technology executives shared their groundbreaking technology with C-level officers at Kaiser Headquarters during three (3) scheduled and confirmed meetings, which was appropriated, and as a result of these actions ViQUAL Medical Technology has been deprived of hundreds of millions of dollars of revenue in past, present, and projected future earnings.
The company asserts that Kaiser Permanente’s breach of contract and theft of Intellectual Property are part of a larger pattern of corporate greed that has marginalized the contributions of Black innovators for generations. “Kaiser has spent millions to prevent a small business from attaining the success and recognition it deserves and has worked so hard to achieve.”
McKinney says ViQUAL Medical Technology was created as a medical device division of Better Life Technologies Group, Inc., which transferred Intellectual Property to ViQUAL Medical Technology to create its own patented technologies. This case centers around a technology that was a novel concept in 2012 but is now widely used and integrated into the Internet of Things (IoT) healthcare applications.
McKinney comments, “The case is an urgent call for justice, not just for one company, but for all Black-owned businesses and inventors who continue to face systemic challenges and exploitation. The company is calling for support from the Black community and all who stand for fairness and innovation. We need legal volunteers and funding to continue the fight against corporate giants like Kaiser.”
“We’re not just fighting for ViQUAL Medical Technology; we’re fighting for all Black innovators whose ideas have been stolen or overlooked. We need your support to stand like David against the corporate Goliath(s) that continue to exploit small businesses like ours.”
For press inquiries, contact Frederick Goodwill, Director of Public Relations, at (661) 364-5473
or press@viqualmedical.com
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