ENERGY FOUR, INC., Plaintiff, v. DORNIER MEDICAL SYSTEMS, INC., Defendant, 765 F. Supp. 724

Summary

Defendant manufactured lithotripsy machines, which were medical devices that used shock waves to fragment kidney stones. The shock waves were produced by electrodes, which had to be replaced after a certain number of shocks. Plaintiff competed with defendant by refurbishing used electrodes at a cost less than the price of new replacement electrodes. After a consolidated hearing on both parties' motions for preliminary injunction, plaintiff and defendant sought to enjoin the other from making false and misleading statements that allegedly violated the Lanham Act, 15 U.S.C.S. § 1116(a), and the Georgia Uniform Deceptive Trade Practices Act, O.C.G.A. § 10-1-373(a). The court granted plaintiff's motion for preliminary injunction, which enjoined defendant from making further statements that concerned an alleged catastrophic failure of a refurbished electrode. Defendant was also entitled to their motion for preliminary injunction, which stated plaintiff had to stop making representations ...