Bakotic / Bako Litigation

Delaware Court of Chancery Rules in Favor of Bako Diagnostics

ATLANTA. August 30, 2018 – We are pleased that the Delaware Court of Chancery today enjoined Dr. Bakotic and Dr. Hackel from what the Court believes is competitive activity against Bako Diagnostics. The Court intends to issue a formal written order regarding the hearing in the coming weeks and we look forward to putting this matter behind us. We remain committed to continuing our support of the next generation of the podiatric medical community, our more than 250 employees, and current and potential clients.

ABOUT BAKO DIAGNOSTICS

Bako Diagnostics is a provider of diagnostic and therapeutic services for the Podiatric Medical Community with a unique focus on pathology of the lower extremity. Bako’s comprehensive testing menu includes ENFD Analysis, Mass Spectrometry, for rapid identification of bacteria from culture specimens, and Molecular Genetics for the detection of micro-organisms and as a diagnostic aid in certain pathologic diagnoses. Bako’s in-network services are available through its more than 250 million covered lives, including all five national health plans and fully compliant patient-friendly billing policies.  Over the past nine years, Bako has evolved into one of the podiatric profession’s principal sources of educational sponsorship.

Litigation Update

FAQ

Legal Filings

Answer and Counterclaims in the Superior Court of New Castle County, Delaware (Bradley Bakotic, et al. v. Bako)

DEFENDANTS' ANSWER to Complaint and Counterclaims

Exhibit 1 – Bradley Bakotic and Joseph Hackel Confidentiality, Non-Solicitation and Non-Competition Agreement

Exhibit 2 – Agreement and Plan of Merger, Including Confidentiality, Non-Compete, and Non-Solicit Covenants

Exhibit 3 – Letter Sent to BakoDx Board of Directors Regarding Accusations Against Bradley Bakotic

Exhibit 4 – Bradley Bakotic Termination Letter


Complaint and Brief in Support of Temporary Restraining Order, filed in the Chancery of the State of Delaware (Bako v. Bradley Bakotic and Joseph Hackel)

Verified Complaint for Injuctive Relief

Exhibit 1 to Verified Complaint – Select Marketing Materials During 2015 Sale of Equity Interest in BakoDx

Exhibit 2 - Agreement and Plan of Merger, Including Confidentiality, Non-Compete, and Non-Solicit Covenants

Exhibit 3 - Amended and Restated Limited Partnership Agreement, Including Non-Compete Covenants

Exhibit 4 - Bradley Bakotic and Joseph Hackel Confidentiality, Non-Solicitation and Non-Competition Agreements

Exhibit 5 - Transcript of the Declaratory Judgment Action Hearing on April 30, 2018

Exhibit 6 - Various Statements from Bradley Bakotic’s and Joseph Hackel’s Counsel

Exhibit 7 - Various Statements from Bradley Bakotic’s and Joseph Hackel’s Counsel

PLAINTIFFS' BRF ISO MOT for TRO – Bako’s Opening Brief in Support of Their Motion For Temporary Restraining Order


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