DMG America has been awarded a federal court injunction against "gray market" distributors after successfully suing Omni Dental Supply and Rosemond Dental Supply for patent infringement of its Luxatemp products.
Omni and Rosemond are now restricted from selling any Luxatemp product or other DMG America products.
DMG America is the exclusive U.S. distributor of Luxatemp aesthetic provisional materials and has been aggressively taking legal action against gray market companies on several fronts, DMG said in a press release.
DMG sued Omni and Rosemond in March 2010, alleging that the companies had been selling gray-market Luxatemp products in the U.S. that they had imported, marketed, distributed, and offered for sale without permission or license from DMG, according to DMG. That patent-infringement lawsuit related specifically to U.S. Patent #5,376,691, which DMG holds exclusively.
A representative at Omni Dental Supply's corporate office declined to comment on the lawsuit or injunction.