International Medical Devices, Inc. v. Robert Cornell

• Court: District Court, C.D. California
• Decided: January 20, 2021
• Docket: 2:20-cv-03503
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 INTERNATIONAL MEDICAL 11 Case No.: CV 20-03503-CBM (RAOx) DEVICES, INC., et al., 12 Plaintiffs, PRELIMINARY INJUNCTION 13 v. [122] 14 ROBERT CORNELL, MD, et al., 15 Defendants. 16 17 The Court having granted Plaintiffs’ Motion for a Preliminary Injunction 18 issues the following injunction: 19 1. Pending the entry of final judgment in this action, Defendants and 20 their officers, directors, agents, servants, and employees, as well as all persons in 21 active concert or participate or in privity with any of them, shall be and hereby 22 are, effectively immediately, enjoined from engaging in any of the following acts: 23 a. Using or disclosing Plaintiffs’ trade secret information, 24 including (1) the design concept for internal pockets or voids 25 of space to increase softness in a cosmetic penile implant; (2) 26 the design concept for use of mesh tabs imbedded in or around 27 the distal tip of a cosmetic penile implant to assist with 28 implantation; (3) the design concept for the use of absorbable 1 sutures in coordination with the mesh tabs imbedded in or 2 around the distal tip of a cosmetic penile implant; and (4) 3 Plaintiffs’ list of surgical instruments and supplies for use 4 during a cosmetic penile implant procedure; 5 b. Commercializing, marketing, advertising, promoting, offering 6 for sale, and/or profiting from the Augmenta implant, U.S. 7 Patent No. 10413413 (“’413 Patent”), and Patent Application 8 No. 16/238,821 (“’821 Application”); 9 c. Referencing, mentioning, promoting, advertising, marketing 10 and/or using the Penuma mark in commerce; 11 d. Acting in a way likely to cause confusion, mistake, or 12 deception on the part of consumers as to the origin or 13 sponsorship of Penuma. 14 2. Pending the entry of final judgment in this action, Defendants and 15 their officers, directors, agents, servants, and employees, as well as all persons in 16 active concert or participate or in privity with any of them, shall be and hereby 17 are, effectively immediately, ordered to: 18 a. Return to IMD or destroy: (i) Plaintiffs’ list of surgical 19 instruments and supplies for use during a cosmetic penile 20 implant procedure; (ii) any notes taken by Defendant Robert 21 Cornell reflecting his observations from his Penuma training, 22 including the notes attached as Exhibit A to the Declaration of 23 Dr. Robert Cornell in support of Defendants’ Opposition to 24 Plaintiffs’ Motion for Preliminary Injunction. 25 3. Defendants are hereby ordered to file a declaration including when 26 and how they returned or destroyed Plaintiffs’ list of surgical instruments and 27 supplies and notes taken by Defendant Robert Cornell reflecting his observations 28 1 that were made during his trainings with Dr. Elist. Said declaration must be filed 2 no later than February 1, 2021. 3 4. No bond will be required of Plaintiffs at this time since the Court is 4 not ordering Defendants to abandon the ‘821 Application or preventing 5 Defendants from pursuing any pending Food and Drug Administration 510(k) 6 submission, there is no evidence supporting harm to Defendants. “Rule 65(c) 7 invests the district court with discretion as to the amount of security required, if 8 any.” Johnson v. Couturier, 572 F.3d 1067, 1086 (9th Cir. 2009) (internal 9 quotation marks omitted). “[T]he likelihood of success on the merits, as found by 10 the district court, tips in favor of a minimal bond or no bond at all.” 2Die4Kourt v. 11 Hillair Capital Mgmt., LLC, 692 Fed. Appx. 366, 369 (9th Cir. 2017). 12 13 14 IT IS SO ORDERED. 15 16 DATED: January 20, 2021 17 18 CONSUELO B. MARSHALL UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28