Ethicon v. Lion Heart, XS Supply, et al.

Patterson Belknap Webb & Tyler represented Ethicon in the case.

Johnson & Johnson’s (J&J) subsidiary Ethicon has obtained a permanent injunction against counterfeiters selling fake versions of Surgicel, an absorbable haemostat used to control bleeding during surgery.

Magistrate Judge Anthony Porcelli of the US District Court for the Middle District of Florida, Tampa Division, ordered the permanent injunction on Wednesday, 1 December, after both parties filed a motion agreeing to a permanent injunction and to settle the case.

Ethicon discovered the counterfeit devices in May 2019, after a University of Kentucky Medical Center neurosurgeon noticed that a unit of Surgicel in his operating room performed differently than expected.

The surgeon complained to Ethicon and tech company tested the device, confirming that the packaging and product were counterfeit and that the counterfeit Surgicel device was “critically defective and dangerous”.

According to the complaint, Ethicon traced the fake products back to Lion Heart Surgical Supply and XS Supply.

Ethicon sued Lion Heart, XS Supply and three other companies and their directors, accusing the companies of trademark infringement, trademark dilution, false descriptions and false designations of origin, and unjust enrichment and unfair competition.

Earlier this year, Ethicon obtained a permanent injunction against XS Supply, prohibiting the company from selling any Ethicon products. Now, Lion Heart is prohibited from selling any J&J products.

The Patterson team comprised Geoffrey Potter (Picture), Timothy A. Waters, Jacqueline Lash Brandon, and Joshua R. Stein.

Involved fees earner: Jacqueline Lash Brandon – Patterson Belknap Webb & Tyler; Geoffrey Potter – Patterson Belknap Webb & Tyler; Joshua Stein – Patterson Belknap Webb & Tyler; Timothy Waters – Patterson Belknap Webb & Tyler;

Law Firms: Patterson Belknap Webb & Tyler;

Clients: Ethicon SAS;