Complaint filed by Erchonia Corporation against Multiple Defendants over Method for Performing Lipoplasty

October 16, 2015 – On October 15, 2015, Erchonia Corporation (“Erchonia”) filed a complaint against 2TZ Wellness Ventures, LLC d/b/a Spa on the Square, Absolute Dermatology & Medi-Spa, PA, Athena Wellness Center, PA, Azure Wellness, LLC d/b/a Azure Wellness Group, Biofit Weight & Hormone Clinic, LLC, Body Benefits, Inc., Chromogenex Technologies Limited, Chromogenex US, Inc., Finer Touch Aesthetics, LLC d/b/a The Finer Touch, Houston Plastic and Reconstructive Surgery, LLP, James Lundin d/b/a Blue Diamond Body, Jan Bailey d/b/a I-Lipo Nac, J Mayor d/b/a Voila Of Tomball, Lila Enterprise, LLC, Permian Women’s Center, PA, Personique On The Spot, LLC, Plaza OB-GYN Associates, PA d/b/a Binz Weight Loss Center, Premier Med Spa, LLC d/b/a Premier Med Spa & Weight Loss, Robert Fernandez d/b/a Synergy Medical Age Management & Aesthetics, Simply Slender, LLC, The Women’s Center Of The Permian Basin, PA, UBILC, LLC d/b/a Universal Body Image and Laser Center, and Wellsprings DermaSpa, LLC (collectively, “Defendants”) accusing Defendants of infringing U.S. Patent Nos. 6,605,079 (“the ’079 Patent”) and 8,932,338 (“the ’338 Patent”).  The asserted patents are directed to a method for applying laser energy to adipose tissue in order to reduce fact from targeted regions of a patient’s body.

In the Complaint, Erchonia alleges that it is the holder of numerous patents related to its low level laser products and for methods of using low level lasers.  Erchonia claims that it manufactures and sells a device for body contouring called the “Zerona” device which is the “first device approved by the FDA for non-invasive low level laser body contouring.”  According to the Plaintiff, Defendants manufacture, sell and/or use a competing product known as the “i-Lipo” device which “uses low level lasers for body contouring and fat reduction.”

The case is docketed as Case Nos. 2:15-cv-01652 in the Eastern District of Texas and has been assigned to District Judge Robert W. Schroeder.

By: Ketan V. Patel

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