June 3, 2016 – In its ongoing dispute with Vilex in Tennessee, Inc., Graham Medical Technologies, LLC lost a motion to dismiss one of its claims and lost a personal jurisdiction fight over Defendant Abraham Lavi, the alleged founder of Vilex, in a June 1, 2016 Opinion and Order issued by United States District Judge John Corbett O’Meara of the United States District Court for the Eastern District of Michigan. Judge O’Meara ruled that there were not enough facts presented to support the allegation by Graham Medical that Lavi was the alter ego of Vilex, and denied Graham Medical’s request for jurisdictional discovery as “mere speculation.” Graham Medical’s claim against Vilex under the Michigan Consumer Protection Act was also dismissed. The lawsuit relates to Vilex’s allegedly infringing Talex® implant and surgical treatment method, which employs an implant for anatomical alignment of a patient’s ankle bone. The patent at issue is U.S. Patent No. 7,033,398, entitled: “Sinus Tarsi Implant,” which relates to a treatment method for correction of subtalar joint hyperprotonation commonly known as “flat feet.” The case caption is Graham Medical Technologies, LLC v. Vilex in Tennessee, Inc. et al., Civil Action No. 2:15-cv-13372 (E.D. Mich.).
By: Frederick C. Millett