Well Cell Global LLC v. Calvit et al

Filing 18

MEMORANDUM AND TEMPORARY RESTRAINING ORDER entered: This order expires on September 27, 2022, or when the court otherwise orders. The court sets a hearing on Well Cell's application for a preliminary injunction on Friday, September 23, 2022, at 1:00 p.m., in Courtroom 11-B.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

Case 4:22-cv-03062 Document 18 Filed on 09/15/22 in TXSD Page 1 of 2
United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
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Plaintiff,
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v.
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SHAWN PAUL CALVIT, MARC PIERRE §
DESGRAVES IV, CHARLES ALEXANDER §
ELLIOT, INSULINIC OF LAFAYETTE
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LLC, INSULINIC OF HIALEAH LLC,
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INSULINIC HAWAII, LLC,
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Defendants.
§

September 15, 2022
Nathan Ochsner, Clerk

WELL CELL GLOBAL LLC,

CIVIL ACTION NO. H-22-3062

MEMORANDUM AND TEMPORARY RESTRAINING ORDER
Well Cell owns U.S. Patent Nos. 9,654,595 and 10,533,990 B2 (the ‘595 and ‘990 Patents),
covering certain products used for treating diabetes. In September 2021, Well Cell entered into
license agreements with the Insulinic Lafayette, LLC and Insulinic of Hialeah, LLC defendants.
These agreements covered the two Well Cell patents and certain trade secrets. In July 2022, Well
Cell acted to terminate the license agreements. In this lawsuit, Well Cell sought a temporary
restraining order and a preliminary and permanent injunction to prevent the defendants from
making, using, or selling products relating to the ‘595 and ‘990 Patents.
The court held a hearing on the TRO application on September 13, 2022, at which all
parties who had appeared were present. 1 The court finds that Well Cell has shown a substantial
likelihood of success on the merits, a substantial threat of irreparable harm absent the TRO, that
the harm Well Cell will suffer without the TRO outweighs the costs to the defendants to comply,
and that issuing the TRO is in the public interest.

1

No appearance has yet been made on behalf of Marc Pierre Desgraves or Charles Alexander Elliot.

Case 4:22-cv-03062 Document 18 Filed on 09/15/22 in TXSD Page 2 of 2

The court orders that Insulinic of Lafayette LLC, Insulinic of Hialeah LLC, Insulinic
Hawaii, LLC, Shawn Paul Calvit, Marc Pierre Desgraves IV, and Charles Alexander Elliott, and
their principals, agents, officers, directors, members, employees, representatives, successors, and
other persons acting in concert and participation with them, are enjoined from:
a.

making, using, selling, or offering for sale in the United States, or importing
into the United States, including within this judicial district, infusion
pumps, kits, and IV tubing infusion cassettes for the treatment of diabetes
related to U.S. Patent Nos. 9,654,595 and 10,533,990 B2; and

b.

representing, by any means, that any products manufactured, distributed,
advertised, offered, or sold by the defendants are Well Cell’s products or
vice versa, and from otherwise acting in a way likely to cause confusion,
mistake, or deception on the part of purchasers or consumers as to the origin
or sponsorship of such products.

This order expires on September 27, 2022, or when the court otherwise orders. The court
sets a hearing on Well Cell’s application for a preliminary injunction on Friday, September 23,
2022, at 1:00 p.m., in Courtroom 11-B.
SIGNED on September 15, 2022, at Houston, Texas.
_______________________________
Lee H. Rosenthal
Chief United States District Judge

2