International Medical Devices, Inc. et al v. Robert Cornell et al

Filing 700

PERMANENT INJUNCTION filed by Judge Consuelo B. Marshall: The Court having granted Plaintiffs Motion for a Permanent Injunction issues the following injunction: For a period of five (5) years upon entry of this Permanent Injunction, Defendants Rober t J. Cornell; Cornell P.A; Augmenta, LLC; AugmentaInvestors, LLC ; Cornell Cosmetic Urology, LLC ; David Louis Nichols; HuckMedical Technologies, Inc.; Hans Mische; Hans Mische, LLC; Run Wang,M.D.; and Richard B. Finger, and their members, officers, directors, agents,servants, successors, licensees, partners and employees, shall be and herebyare, effective immediately, permanently enjoined, without the prior writtenauthorization or consent from Plaintiffs, from using, licensing, selling, exploit ing, commercializing, promoting, marketing, advertising, publishing,and/or profiting from any of the following trade secrets: a. The incorporation of internal pockets or voids of space within the silicone body of a cosmetic penile silicone implant to add softness and elasticity. b. The incorporation of mesh tabs embedded in or around the distal tip of a cosmetic penile implant to facilitate tissue ingrowth. c. The use of absorbable sutures as part of the cosmetic silicone penile implant procedur e paired or in combination with mesh tabs embedded in and around the distal tip of the implant to hold the implant.d. A particular list of instruments and materials used to perform the surgical method associated with the placement of a cosmetic penil e implant referred to as the Penuma Instrument and Supply List. For a period of ten (10) years from the date of entry of this Permanent Injunction, Defendants are enjoined from engaging in the following conduct: a. Referencing, mentioning, promoting, advertising, marketing, and/or using the Penuma Mark in commerce, including but not limited to, on any website or social media or network; and b. Acting in a way likely to cause confusion, mistake, or deception on the part of consumers as to the ori gin, ownership, or sponsorship of Penuma. Violation of this Permanent Injunction shall expose Defendants and all other persons bound by this Permanent Injunction to all applicable penalties, including sanctions and contempt of Court. The lifting of this Permanent Injunction is conditioned upon full payment of the damages ordered by this Court in the Order re Motion for Award of Reasonable Royalties, Disgorgement, Statutory Damages, Prejudgment Interest, and Exemplary Damages. This Court shall retain jurisdiction to modify and/or enforce this Permanent Injunction, which may also be enforced by any other court of competent jurisdiction. IT IS SO ORDERED. See order for more information. (shb)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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INTERNATIONAL MEDICAL
DEVICES, INC.; et al.,
v.

Plaintiffs,

Case No.: 2:20-cv-03503-CBM (RAOx)
PERMANENT INJUNCTION

ROBERT CORNELL, MD, an
individual; et al.,
Defendants.

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The Court having granted Plaintiffs’ Motion for a Permanent Injunction

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issues the following injunction:

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1. For a period of five (5) years upon entry of this Permanent Injunction,

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Defendants Robert J. Cornell; Cornell P.A; Augmenta, LLC; Augmenta

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Investors, LLC ; Cornell Cosmetic Urology, LLC ; David Louis Nichols; Huck

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Medical Technologies, Inc.; Hans Mische; Hans Mische, LLC; Run Wang,

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M.D.; and Richard B. Finger, and their members, officers, directors, agents,

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servants, successors, licensees, partners and employees, shall be and hereby

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are, effective immediately, permanently enjoined, without the prior written

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authorization or consent from Plaintiffs, from using, licensing, selling,
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exploiting, commercializing, promoting, marketing, advertising, publishing,

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and/or profiting from any of the following trade secrets:

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a. The incorporation of internal pockets or voids of space within the

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silicone body of a cosmetic penile silicone implant to add softness and

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elasticity.

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b. The incorporation of mesh tabs embedded in or around the distal tip of a
cosmetic penile implant to facilitate tissue ingrowth.
c. The use of absorbable sutures as part of the cosmetic silicone penile
implant procedure paired or in combination with mesh tabs embedded

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in and around the distal tip of the implant to hold the implant.

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d. A particular list of instruments and materials used to perform the

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surgical method associated with the placement of a cosmetic penile

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implant referred to as the Penuma Instrument and Supply List.

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2. For a period of ten (10) years beginning upon entry of this Permanent

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Injunction, Defendants Cornell, Mische, and Nichols and their members,

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officers, directors, agents, servants, successors, licensees, partners and

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employees, shall be and hereby are, effective immediately, enjoined from

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infringing, by unauthorized use, and inducing copyright infringement, by

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unauthorized use or any other means, of any of Plaintiff James Elist, M.D.’s

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exclusive rights in his registered copyrighted work entitled “Penile

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Enlargement Surgical Animation Video” including but not limited to direct

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copyright infringement, inducement to infringe copyrights, contributory

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copyright infringement, and vicarious copyright infringement.

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3. For a period of ten (10) years beginning upon entry of this Permanent

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Injunction, Defendants Cornell and Cornell P.A., and their members, officers,

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directors, agents, servants, successors, licensees, partners and employees,

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effective immediately, enjoined from any unauthorized use of the Penuma

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Mark and are further enjoined from infringing or from inducing infringement,
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by any means, of any of the exclusive rights in the registered Penuma Mark

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owned and possessed by Plaintiff Menova, under the Lanham Act. The

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conduct enjoined includes, but is not limited to, direct trademark infringement,

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trademark counterfeiting, inducement to infringe trademarks, contributory

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trademark infringement, and vicarious trademark infringement.

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4. For a period of ten (10) years from the date of entry of this Permanent
Injunction, Defendants are enjoined from engaging in the following conduct:
a. Referencing, mentioning, promoting, advertising, marketing, and/or
using the Penuma Mark in commerce, including but not limited to, on
any website or social media or network; and
b. Acting in a way likely to cause confusion, mistake, or deception on the

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part of consumers as to the origin, ownership, or sponsorship of

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Penuma.

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5. Violation of this Permanent Injunction shall expose Defendants and all other

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persons bound by this Permanent Injunction to all applicable penalties,

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including sanctions and contempt of Court.

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6. The lifting of this Permanent Injunction is conditioned upon full payment of

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the damages ordered by this Court in the Order re Motion for Award of

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Reasonable Royalties, Disgorgement, Statutory Damages, Prejudgment

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Interest, and Exemplary Damages.

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7. This Court shall retain jurisdiction to modify and/or enforce this Permanent

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Injunction, which may also be enforced by any other court of competent

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jurisdiction.

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IT IS SO ORDERED.

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DATED: March 28, 2024.

CONSUELO B. MARSHALL
UNITED STATES DISTRICT JUDGE

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