November 15th, 2017

​Motion Medical Technologies, LLC v. Thermotek, Inc.

Docket: 16-11381
Opinion Date: November 14, 2017
Judge: Stephen Andrew Higginson
Areas of Law: Business Law, Copyright, Intellectual Property

The Fifth Circuit affirmed the district court's grant of judgment as a matter of law to defendants, concluding that federal law preempted ThermoTek's unfair competition claim and that ThermoTek failed to prove its damages for fraud. ThermoTek designs, manufacturers, and sells the VascuTherm system, which consists of a medical device and specially designed wraps that provide thermal and compression therapy. The court held that the district court did not abuse its discretion in reaching the preemption defense on the merits. On the merits, the court held that federal copyright and patent laws preempted the unfair-competition-by-misappropriation claim.