Aoki et al v. Gilbert et al

Filing 441

ORDER FOR PERMANENT INJUNCTION signed by District Judge Troy L. Nunley on 1/13/2021. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THOMAS T. AOKI, M.D., an individual, and
AOKI DIABETES RESEARCH INSTIUTE,
a California Non-Profit Corporation,

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ORDER FOR PERMANENT INJUNCTION

Plaintiffs

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Case No.: 2:11-cv-02797-TLN-CKD

vs.

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GREGORY FORD GILBERT, an individual;
et al.
Defendants

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IT IS HEREBY ORDERED, this ___ day of January 2021 that:

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1.

The Court has found that Defendants Gregory Ford Gilbert, Bionica, Inc., and Trina

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Health, LLC have willfully infringed the following valid and enforceable United States Patents: No.

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6,579, 531 (“531 Patent”); No. 6,582,716 (“’716 Patent”); No. 6,613,342 (“’342 Patent”); No. 6,613,736

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(“’736 Patent”); No. 6,821,527 (“’527 Patent”); and No. 6,967,191 (“’191 Patent”).

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Defendants Gregory Ford Gilbert, Bionica, Inc., Trina Health, LLC, their officers, agents, servants,

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employees, attorneys, and all those persons acting in concert or participating with them who receive

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actual notice of this injunction, shall be and are hereby ENJOINED and RESTRAINED from infringing

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the ‘531, ‘716, ‘342, ‘736, ‘527, or ‘191 Patents by making, using, selling, offering for sale or importing

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into the United States, Plaintiff Dr. Thomas T. Aoki’s Metabolic Activation Therapy (“MAT®”)

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treatment which is or has also been administered at least under such names as Artificial Pancreas

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Treatment (APT), Artificial Pancreas System (APS), Cellular Activation Therapy (CAT), Microburst

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Insulin (MI), Microburst Insulin Infusion (MII), Microburst Insulin Therapy (MIT), Trina Health

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Diabetic Treatment, Chronic Intermittent Intravenous Insulin Therapy (CIIT), Hepatic Activation

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Therapy (HAT), Intercellular Activation Therapy (iCAT), Pulsatile Insulin Therapy (PIT), Pulsatile

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Intravenous Insulin Treatment (PIVIT), Pulsatile Insulin Therapy (PIT), Pulsatile Therapy (PT), and The

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Intravenous Insulin Infusion Therapy (altogether hereinafter, “Enjoined Treatments”), as well as any

Therefore,

-1ORDER FOR PERMANENT INJUNCTION
Case No.: 2:11-cv-02797-TLN-CKD

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treatment that is not more than colorably different from the Enjoined Treatments.

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Defendants Gregory Ford Gilbert, Bionica, Inc., Trina Health, LLC, their officers, agents, servants,

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employees, attorneys, and all those persons acting in concert or participating with them who receive

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actual notice of this injunction, shall be and are hereby ENJOINED and RESTRAINED from inducing

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or contributing to infringement of the ‘531, ‘716, ‘342, ‘736, ‘527, or ‘191 Patents by others.

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2.

Furthermore,

Defendants Gregory Ford Gilbert, Bionica, Inc., Trina Health, LLC, their officers, agents,

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servants, employees, attorneys, and all those persons acting in concert or participating with them who

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receive actual notice of this injunction, shall be and are hereby ENJOINED and RESTRAINED from

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selling, advertising, promoting or marketing any product or service associated with or bearing the MAT®

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mark in the United States.
3.

Defendants Gregory Ford Gilbert, Bionica, Inc., Trina Health, LLC, their officers, agents,

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servants, employees, attorneys, and all those persons acting in concert or participating with them who

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receive actual notice of this injunction, shall be and are hereby ENJOINED and RESTRAINED from

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reproducing or distributing any copies of Dr. Aoki’s copyrighted slides of his MAT® presentation,

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copyright registration number TXu001772019 dated August 23, 2011.

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4.

This Court shall retain jurisdiction of this matter for the purposes of enforcing the terms

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of this Order for Permanent Injunction.

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IT IS SO ORDERED.

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DATED: January 13, 2021

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Troy L. Nunley
United States District Judge

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-2-

ORDER FOR PERMANENT INJUNCTION
Case No.: 2:11-cv-02797-TLN-CKD