December 13, 2013, Bruder Healthcare Company (“Bruder”) of Alpharetta, Georgia
filed a complaint against Walgreen Company (“Walgreens”), an Illinois
corporation with offices located in Deerfield, Illinois, and BigWall Enterprises Incorporated (“BigWall”), a Texas corporation with offices located
in Dallas, Texas. The complaint was
filed in the United States District Court for the Northern District of Georgia,
Atlanta Division, alleging contributory, induced, and direct patent infringement
of United States Patent No. 8,420,882 for a “WOUND AND THERAPY COMPRESS AND
DRESSING” (the ‘882 patent).
|Thermalon Brand Moist Heat Back Wrap|
to the complaint, BigWall sell products under the name “BigWall” as well as
under “private label” house brands such as “Walgreens.” The complaint alleges infringement of the ‘882
patent by at least two products that BigWall is or has been allegedly selling to
Walgreens, and that Walgreens is or has been allegedly selling to customers in retail
stores. The allegedly infringing
products include Walgreens Item Number 276655 and 276656 “Moist Heat Back Wrap”
and “Moist Heat Neck Wrap” products.
short, the ‘882 patent discloses an improvement to moist-heat therapy wound dressings
and compresses. The invention uses antimicrobial
silver to provide a germ and microbial free wound environment that is moist and
warm or heated. Heat and moisture both aide
healing but create a potential for microbial colonization of a wound. Excessive use of antibiotics can cause allergic reaction and treatment-resistant bacteria. The invention disclosed in the '882 patent is thus aimed at addressing the
need for a moist, warm or heated dressing or compress that maintains its
sterility without excessive use of antibiotics.
|Walgreens' Moist Heat Back Wrap|
complaint alleges Walgreens for a time purchased “Thermalon” brand wound and
therapy compresses and dressings from Bruder and sold these products in their
retail stores. Bruder alleges that these
products are covered by the ‘882 patent, and that Walgreens willingly infringed
the ‘882 patent by choosing to source the similar Moist Heat Wrap products from BigWall. Accordingly, Bruder is seeking treble damages for the allegedly willful infringement along with an order enjoining future sales of infringing products.
|Fig. 1 of the '882 patent|
case is Bruder Healthcare Co. v. BigWall Enterprises, Inc. et al. No. 1:13-cv-04138-SCJ
in the United States District Court for the Northern District of Georgia,
Atlanta Division, and is assigned to Judge Steve C. Jones.
Labels: contributory patent infringement, direct infringement, indirect infringement, inducement, injunction, Judge Jones, Northern District of Georgia, patent infringement