North American Medical Corp. v. Escalona, Civil Action No. 1:23-cv-02564-TCB (N.D. Ga., June 7, 2023)

North American Medical Corp. (“NAM”) brings suit in the Northern District for trademark infringement, false advertising, copyright infringement, tortious interference with its business relationships, and conspiracy to interfere. NAM is a “leading medical device manufacturer in its specialized market for non-surgical spinal decompression.” Complaint, ¶ 1. The Complaint alleges that the Defendants “under the guise of ‘service’ to NAM’s FDA-cleared and regulated Accu-Spina® devices, . . . have been using software pirated from NAM and selling remanufactured and materially different machines to NAM customers.” Id. at ¶ 1. Defendants are former NAM employees who, according to the Complaint, signed confidentiality agreements. Id. at ¶¶ 17, 25. The Plaintiffs assert that the Defendants have neither obtained FDA registration, nor do they meet the requirements to be legitimate medical device sellers. Id. at ¶ 33. Furthermore, the Complaint alleges that the Defendants’ actions pose a serious safety risk to patients and create market confusion. Id. at ¶ 1. Plaintiffs seek actual, statutory, and exemplary damages, as well as preliminary and permanent injunctive relief.

This case has been assigned to Chief Judge Timothy C. Batten, Sr.