Filed in U.S. District Court for the Southern District of North Carolina, the lawsuit alleges that Tobra founder and president Bradford Collins contacted Hensler in early 2017 and expressed interest in being a sales representative for Hensler, according to a news release from Hensler.
Hensler alleges that “within months,” Wake Forest, N.C.-based Tobra introduced the Tobra Medical Bone Basket as a cheaper substitute for the Hensler Bone Press apparatus. Both are designed to collect and filter autologous bone during surgical procedures. Hensler claims that the Tobra device is technologically inferior to the Hensler device, and accuses Collins and Tobra of making false and misleading statements regarding the effectiveness of the Tobra Medical Bone Basket, according to a news release from Hensler.
Hensler also accuses Tobra of false advertising and of interference with economic advantage under North Carolina law. Hensler is seeking unspecified monetary damages and a permanent injunction to prevent Tobra and others from infringing the Hensler patent using the Tobra device.
Collins said in an email to MassDevice that it would be inappropriate to comment on specific allegations by Hensler about “the patented Tobra Bone Basket…
“Tobra intends to defend the Tobra Bone Basket vigorously and welcomes the courts’ prompt and fair disposition of Hensler’s claims,” Collins added. “Since the revolutionary introduction of the Tobra Bone Basket in 2017, surgeons and hospitals across the country have come to rely on its easy-to-use design and efficient performance to help them deliver top-quality patient care at an affordable cost to patients and facilities. Tobra looks forward to providing its cutting-edge technologies to its partners in the health care community for years to come.”