Zest Dental has won a court ruling in regards to its court filing that states product infringement from DESS and ZimVie.
Zest Dental has announced that the Southern District of California court issued an opinion and order in favor of Zest Dental. The order enjoins and restrains Geryon Ventures, LLC, d/b/a DESS-USA, and Terrats Medical Sociedad Limitada, from importing into the U.S. and “using in any way” the DESS overdenture system while Zest pursues its claims.
The Court also enjoined all persons and entities acting in concert with DESS to import, market, and sell the infringing products (including infringing products sold by ZimVie). This lawsuit was filed when DESS partnered with ZimVie and began to offering DESS’s infringing products which, according to Zest Dental, copy the esthetic features of LOCATOR® overdenture products.
“The Court’s opinion and order is a key signal that DESS’s transparent efforts to create infringing products that deceive consumers and capitalize on Zest’s reputation and success will not be permitted,” CEO of Zest, Tom Stratton said in a press release from the company. “Zest intends to vigorously pursue its rights in the litigation as part of its vigilant efforts to defend its intellectual property, protect its customers, and serve patients.”
Zest and Stratton hope that this opinion will help assure Zest customers on the validity and legitimacy of the LOCATOR products.