Indiana Intellectual Property Law News
Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. filed suit against Defendant, JV Medical Supplies, Inc. for trademark infringement, false advertising and patent infringement.
BTL Industries, founded in 1993, is a leading manufacturer of non-invasive medical devices that are used for cosmetic and therapeutic purposes. The company holds several patents and trademarks related to its products, including its flagship product, the EMSCULPT device. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. The device is used for body contouring, muscle strengthening, and rehabilitation. The FDA has cleared EMSCULPT for non-invasive treatment for the abdomen, buttocks, arms, calves and thighs.
JV Medical Supplies, a competitor of BTL Industries, also manufactures a similar medical device called the Muscle Stimulator. The Muscle Stimulator is marketed and sold as a non-invasive device that uses electromagnetic energy to stimulate muscle contraction, and it is intended for use in body contouring and muscle strengthening applications. The Indiana Secretary of State indicates that the corporation was created in 2021.
However, BTL Industries claims that the Muscle Stimulator infringes on its patents and trademarks related to the EMSCULPT device. According to the lawsuit, BTL Industries alleges that JV Medical Supplies has infringed on its patents related to the EMSCULPT device. The patents in question include US10695576, US10695575, US11266852, US10478634 and USD874009. BTL Industries claims that the Muscle Stimulator device infringes on these patents by using similar technology and methods to induce muscle contractions.
In addition to patent infringement, BTL Industries also alleges that JV Medical Supplies has violated its trademark rights. BTL Industries holds several trademarks related to its products, including the EMSCULPT trademark under USPTO Registration No. 5,572,801 and 6,069,279. The company claims that JV Medical Supplies has used similar trademarks, including USPTO Registration Number 4,750,101, and branding to market and sell the Muscle Stimulator device, which creates confusion among consumers and dilutes the value of BTL’s trademarks.
The complaint alleges that JV Medical Supplies advertised, promoted, marketed and sold counterfeit products that included use of the BTL’s EMSCULPT trademark. Purportedly, the Defendant was fully aware the devices were counterfeit and were not authentic as they had missing or different components, had missing serial numbers, used different interfaces, listed a fake manufacturing site and provided fraudulent serial numbers.
Plaintiff is requesting a judgment that the Defendants willfully infringed upon Plaintiff’s Patents and Trademarks, along with injunctive relief, damages, interest and costs under Lanham Act 35 U.S.C. § 284, pre-judgment and post-judgment interest, attorneys’ fees, and the costs and expenses of the suit.
The case was assigned to Chief Judge Tanya Walton Pratt and Magistrate Kellie M. Barr in the Indianapolis Division of the Southern District of Indiana assigned Case No. 2:22-cv-02216-TWP-KMB.