On Tuesday, MOBB Health Care Ltd. filed a complaint in the Southern District of Florida against Felix and Klara Gershgorin and Inno Medical, LLC. for unfair competition and patent infringement of their medical products.
MOBB Health, the complaint said, developed “a line of award winning durable medical equipment” that are patent protected. They also “completely and tightly control” the manufacturing and branding supply chain to protect their intellectual property.
In 2015, the plaintiffs said, they partnered with the Gershgorins for help with selling and distributing their products in the United States. According to the complaint, the defendants “surreptitiously created an entity called MedPlus Supply, Inc” that was designed to “compete” with MOBB since the Gershgorins now had access to MOBB’s target market. The plaintiff further claimed that the defendants “falsely represented to a Chinese facility that they had authority from MOBB” to produce these goods, which the plaintiff was only made aware of when this facility sold infringed products to “one of [MOBB’s] long-time customers.”
In order to combat the sale of the counterfeit products, MOBB sought the help of the U.S. Customs and Border Patrol, and filed lawsuits against the Gershgorins and the Chinese facility, but the facility “produced a false and fraudulent letter created by the Gershgorins” to evade justice. The plaintiff claimed that the defendants are still selling infringing and “inferior” versions of their products that are “substantially likely to confuse consumers.” As a result, MOBB is suing for willful patent infringement, federal unfair competition and Florida common law unfair competition.
The plaintiff is seeking injunctive relief enjoining the defendants from any further conduct that constitutes unfair competition, compensatory damages, punitive damages, attorney’s fees and costs, and other relief.
MOBB is represented by Kozyak Tropin & Throckmorton, LLP.
