McDermott Will & Emery is countersuing medical device maker Nomir Medical Technologies Inc. in Boston federal court for breach of contract and nearly $491,000 in damages following the company’s $143 million claim against the firm for missing patent deadlines.
Nomir filed suit against McDermott Will in Suffolk County Superior Court in Massachusetts on July 1, claiming that McDermott Will missed four crucial patent deadlines when it represented the company. McDermott Will removed the case to the District of Massachusetts on July 27. On Aug. 26, the law firm and three individual defendants filed a joint answer and counterclaim alleging that the medical laser company owes it $490,857.65 in unpaid legal bills. The firm claims that Nomir is liable for breach of contract because the two parties entered into “one or more valid, enforceable contracts.” According to the counterclaim, McDermott Will agreed to provide Nomir with legal advice and representation in exchange for Nomir’s payment of fees and expenses. McDermott Will claims its legal work and costs for Nomir between 2004 and 2008 added up to more than $1.3 million.
