Plaintiff Vax-D Medical Technologies, LLC, and Allied Health Management Ltd. entered into a confidentiality agreement regarding Vax-D therapeutic tables. The parties agreed that Allied would keep confidential certain trade secrets and information related to the tables, which were used for spinal decompression treatments.
Vax-D sued Allied Health, operating as Gilbertson Chiropractic Health Center, also known as Back Pain Institute; AMT Manufacturing Inc., also known as W.J. Deacon Industries Ltd., operating as D&D Industries, operating as Power Products; and Daniel Boudreau and Texas Spine Medical Center for patent infringement and breach of contract. Vax-D also sued William Deacon and Monohan Chiropractic Medical Clinic P.A. for patent infringement, claiming that the defendants misused the plaintiff's trademark and service mark.
Vax-D also claimed that the defendants used the information unlawfully obtained by Allied to manufacture or have manufactured a product similar to the therapeutic tables manufactured by Vax-D. The case came before the court on remand following a May 4, 2006, dismissal of the case against Boudreau, doing business as Texas Spine Medical Center. The remaining defendants had previously entered into confidential settlement agreements with Vax-D, thus having claims against them dismissed.
Boudreau did not appear at a hearing following the reversal and remand of the case's dismissal. Vax-D moved for a default judgment.
United States District Court, M.D. Florida.
Vax-D Medical Technologies LLC v. Allied Health Management LTD, AMT
Manufacturing Inc. a/k/a W.J. Deacon Industries Ltd. d/b/a D&D Industries d/b/a
Power Products, William Deacon, Monohan Chiropractic Medical Clinic P.A. and
Daniel Boudreau, doing business as Texas Spine Medical Center
No. 8:04-cv-01617
DATE OF VERDICT/SETTLEMENT: September 06, 2007
Defendants Misused the Plaintiff's Trademark
SUMMARY:
RESULT: Decision-Plaintiff
Judge Richard A. Lazzara entered a default judgment in favor of the plaintiff in the amount of $32,962,437, plus fees and costs in the amount of $133,226.06.
EXPERT WITNESSES:
ATTORNEYS:
Plaintiff: Charles Geitner; Broad & Cassel; Tampa, FL (Vax-D Medical Technologies LLC); David W. Adams; Sponsler, Bennett, Jacobs & Adams, P.A.; Tampa, FL (Vax-D Medical Technologies LLC)
Defendant: Eric J. Partlow; Ruden, McClosky, Smith, Schuster & Russell, PA; Tampa, FL (Allied Health Management LTD d/b/a Gilbertson Chiropractic Health Center a/k/a Back Pain Institute); (none) Pro se (Daniel Boudreau d/b/a Texas Spine Medical Center)
JUDGE: Richard A. Lazzara
RANGE AMOUNT: $5,000,000-999,999,999
STATE: Florida
COUNTY: Not Applicable
INJURIES: Vax-D sought damages for breach of a confidentiality agreement and patent infringement. Vax-D also sought an injunction against the defendant, plus attorney fees and costs.
