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PSKW Expands Its Lawsuit Against McKesson to Seek Assignment of McKesson's Patent Application

EDISON, N.J., Sept. 1 /PRNewswire/ -- PSKW, LLC, a New Jersey-based leading provider of prescription co-pay programs for the pharmaceutical industry, announced today that it has significantly expanded the scope of the lawsuit that it commenced last year in the Supreme Court of the State of New York, County of New York, against McKesson Specialty Arizona Inc. ("McKesson"), a wholly-owned subsidiary of McKesson Corporation. PSKW is now seeking, in addition to monetary damages, the assignment to PSKW of all right, title and interest in any McKesson patent applications or issued patents that incorporate, refer to or relate to, confidential and proprietary information and ideas that PSKW alleges McKesson misappropriated from PSKW's predecessor in interest, Touch Tone Media, Inc. ("Touch Tone")

According to PSKW President Robert Previdi (who was previously President of Touch Tone), "Our company works with major pharmaceutical companies, providing proprietary marketing concepts and technology that enables insured prescription patients to obtain their medications with little or no co-pay costs. The programs are sponsored by the pharmaceutical companies as a way to help people. Physicians play an important role in the program by providing these co-pay savings cards to their patients at the time they write out the prescriptions."

The lawsuit alleges that McKesson, in secret and without informing Touch Tone, used Touch Tone's trade secrets and other confidential and proprietary information that it had received from Touch Tone in confidence under a nondisclosure agreement in connection with a contemplated collaboration between the two companies, in order to set up its own competing co-pay offset program, in violation of the nondisclosure agreement and other legal rights of Touch Tone, and now of PSKW.

PSKW initially sought monetary damages and other forms of legal relief. Subsequent to the filing of its complaint, PSKW learned that McKesson had filed a patent application that incorporates, discloses and claims ownership over some of the trade secrets and other confidential and proprietary information relating to co-pay offset programs and methods that Touch Tone had disclosed to McKesson in confidence. Accordingly, PSKW sought, and obtained from the court, leave to amend its complaint to seek an order requiring McKesson to assign to PSKW all right, title and interest in any McKesson patent applications or issued patents in the United States or any foreign country that incorporate, refer to or relate to, Touch Tone's, confidential and proprietary information and ideas.

"While PSKW has successfully launched many of its LoyaltyRx co-pay offset programs with great success for our pharmaceutical company clients, the amount of business we have lost as a direct result of McKesson's actions is significant," claims Previdi. In addition to the assignment of McKesson's patent rights, PSKW is seeking to recover its monetary damages, which PSKW states it reasonably believes to be in excess of $100 million.

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