CVS Pharmacy, Inc. (CVS) was sued by Applied Biokinetics, LLC, (ABK) a limited liability company based in Texas over allegations that CVS infringed on existing patents when creating their kinesiology tape. Specifically, ABK explained that CVS has “transacted business in this District and has committed acts of direct and indirect infringement in this District by, among other things, importing, offering to sell, and selling products that infringe ABK’s patents.”
ABK’s founder, Don Bushby, initially developed a product whose aim was to “treat pain, provide direct anatomical support, and protect fascia from damaging stress, thus allowing tissue healing and rapid pain recovery that was inexpensive, fast-acting and easy to apply at home. The product became known as FasciaDerm, which was a type of tape that could be applied to the feet to alleviate pain. Following the introduction of FasciaDerm to the United States markets, multiple exemplary products became available. These exemplary products include CVS-brand kinesiology tape, KT tape, Target-brand kinesiology tape, and others.
ABK has multiple patents regarding its product FasciaDerm, which they claim have been both directly and indirectly infringed by CVS and its production of kinesiology tape. Their patents allegedly protect the method of manufacturing an anatomical support system. They argue that CVS has directly infringed on the patent by “importing into the United States or offering to sell, selling, or using within the United States, at least one or more of the Exemplary Products.” They further explain that the patent was also violated when the pharmacy giant engaged in the making and the selling of the product.
The plaintiffs contended that CVS has full knowledge of their products being “adapted to operate” in a way that infringes the patent, and that CVS “deliberately infringed the Asserted Patents and acted recklessly and in disregard to the Asserted Patents by making, having made, using, importing and offering for sale products that infringe the Asserted Patents.” ABK is seeking a host of damages as well as a trial by jury.The plaintiff is represented by Sorey & Gilliland, LLP and Katz Law Firm.
