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Regenlab’s Patent Infringement Case Against Eclipse to Proceed in New York

District Court rules in favor of RegenLab to find venue over Eclipse in New York. RegenLab will continue its efforts to resolve allegations of infringement of its patent rights by manufacturers and distributors of the Eclipse PRP product.

Regenlab’s Patent Infringement Case Against Eclipse to Proceed in New York
New York, NY, November 29, 2018 --( In 2016, RegenLab USA LLC (“RegenLab”) filed a patent infringement case against Eclipse Medcorp, LLC (“Eclipse”) in the US District Court for the Southern District of New York. RegenLab alleged that Eclipse and its manufacturer copied RegenLab’s patented technology to develop competing products, despite having known about RegenLab’s patent rights for many years.

Eclipse filed a motion to dismiss for improper venue, arguing that New York is not a state in which it has a fixed place of business. RegenLab opposed the motion by arguing that the home offices of Eclipse’s employees in New York are more than isolated work environments. The District Court stated that RegenLab met its burden of establishing that Eclipse has ratified a regular and established place of business in New York. Accordingly, the case will continue in New York, where RegenLab is seeking triple damages from Eclipse allegedly resulting from the use and sale of the Eclipse PRP product, attorneys’ fees and costs, and a permanent injunction to preclude continued use and sale.

In 2017, RegenLab filed a separate litigation against Eclipse’s alleged customers in New York who allegedly use, sell, and offer for sale the Eclipse PRP product. RegenLab argued in that case that Eclipse and its customers were separately liable in New York for infringement of RegenLab’s patent rights. RegenLab has now filed papers to dismiss its suit against Eclipse’s alleged customers in order to focus on Eclipse. RegenLab remains committed to enforcing its hard-earned intellectual property rights, as well as providing products of the highest quality and safety.

RegenLab is a leading innovator of medical products for the preparation of platelet rich plasma, which it markets under the world-famous REGENLAB® brand. Platelet rich plasma contains a high concentration of blood platelets and proteins that promote natural wound healing. RegenLab developed and patented a new and extremely effective way to enhance platelet rich plasma production and administration, and various aspects are covered by RegenLab’s US Pat. Nos. 8,529,957, 10,092,598, 9,833,478, 10,052,349, 10,080,770, 10,064,894, 8,945,537, and 9,517,255. Over the course of many years, RegenLab has developed a substantial patent portfolio, with many issued patents and pending patent applications directed to the preparation and administration of platelet rich plasma, bone marrow concentrate, and hyaluronic acid. RegenLab’s products for preparing platelet rich plasma include its RegenKit® products.

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RegenLab USA LLC
Antoine Turzi

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