Arbitrator awards permanent injunctive relief, significant damages
Golden Dental Solutions (Roseville, Michigan), maker of Physics Forceps, announced it has received an award by an arbitrator for the American Arbitration Association in a multi-count arbitration filed against Mr. Jang H. Lim, d/b/a Dental USA, of McHenry, Illinois.
The award was given for Dental USA’s willful patent infringement, due to its manufacturing of its Power Elevator extraction instruments, illegally selling and manufacturing counterfeit and defective Physics Forceps without permission, and deceptively marketing its product as the new Physics Forceps to the dental community.
Above: Physics Forceps from Golden Dental Solutions (left), Power Elevators from Dental USA (right)
The arbitrator awarded Golden Dental Solutions treble damages under the United States Patent Act. The arbitrator also held that Lim, Dental USA, and all others acting in privity with Lim are “enjoined from continuing to import, make, sell, or have made its Power Elevator as currently configured and employed by dentists. Respondent [Dental USA] and all of those in privity with Respondent are also hereby enjoined from selling…any of the counterfeit Physics Forceps instruments…”
The arbitrator also found that this was an extraordinary case, and therefore awarded Golden Dental Solutions its attorney fees and costs incurred in the arbitration.
Based on the arbitrator’s findings, Golden Dental Solutions plans to actively pursue legal remedies against any and all past sellers or distributors of the Power Elevator product, as well as those dentists and programs currently using, teaching or otherwise employing the Power Elevator that was ruled to violate Golden Dental Solutions patented Physics Forceps technique.
Editor’s note: Text of this article was taken from and/or adapted from a Golden Dental press release issued 3/3/15.
