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Joimax, Inc. v. Surgical Orthopedic Implants, Inc. (new lawsuit filed)

Defendant: Surgical Orthopedic Implants, Inc. d/b/a MaxSpine

Court: C.D. Cal.

Date: Jun 08, 2017

Docket: 8-17-cv-00979

Judge: Judge Josephine L. Staton

Joimax, Inc. has sued Surgical Orthopedic Implants d/b/a MaxSpine (“MaxSpine”) for infringement of U.S. Patent Nos. 8,267,937 (Method for determining a tooth period length of a bone milling cutter); 8,449,546 (Spine cutter); 8,623,021 (Facet joint reamer); and 8,821,378 (Device and method for minimally invasive spinal intervention). According to the complaint, MaxSpine was a distributor for Joimax’s TESSYS system and the corresponding Disposable Kit. ¬†The complaint states that MaxSpine “received the above Joimax products and used them to develop and manufacture identical, all-metal, and purportedly re-usable counterfeit versions of the Reamers . . . The Infringing Reamers are identical copies of the Reamers except that Defendant replaced the plastic connectors with identical metal connectors, so that they could be reusable.” ¬†Joimax asserts that the Infringing Reamers infringe all four asserted patents.

In addition to the patent infringement claims, Joimax asserts claims for breach of contract, federal trademark infringement, federal trade dress infringement, federal false designation or origin, federal trademark dilution, California intentional interference with contractual relations, California intentional interference with prospective economic relations, California trademark infringement, California trademark dilution, and California unfair competition.

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