Cytophil, Inc. v. Bioform Medical, Inc. (new lawsuit filed)

Cytophil, Inc. has sued Bioform Medical, Inc., Merz North America, Inc. and Merz Pharma GmbH & Co. KGaA for false marking under 35 U.S.C. §292 related to U.S. Patent No. 6,537574.  Cytophil asserts that Bioform’s Prolaryn Gel, Prolaryn Plus, Radiesse, and Radiesse Voice products are marked as practicing the ‘574 patent but do not in fact practice the patent in violation of 35 U.S.C. §292.  Cytophil also asserts an unfair competition claim stemming from its false marking claim.