Preliminary Injunction Granted for False Statements About Patent
The District Court of Minnesota granted a preliminary injunction on false advertising claims in Medtox Scientific, Inc. v. Tamarac Medical, Inc., 2007 WL 37793 (D. Minn. 1/4/07).
Esca Tech has a current patent application pending for towel and soap products for removing led from the skin. Esca Tech granted Defendant Tamarac the exclusive license to use and sell these products. Medtox is a laboratory testing company that sometimes uses the products covered in the patent application.
Even though no patent has issued, Tamarac made representations to customers that it was the only company that had the rights to use the products because of the patent application. The court found these statements were false because the application itself did not grant any rights to Tamarac, and the court granted a preliminary injunction for Medtox.
