Cooley secured a favorable decision for VideaHealth in a lawsuit brought by Overjet, one of VideaHealth’s competitors in the field of artificial intelligence (AI) solutions for dental services organizations and practitioners.
In February 2024, Overjet filed a lawsuit in the US District Court for the District of Massachusetts against VideaHealth in which it alleged trademark, copyright and patent infringement, as well as false advertising under the federal Lanham Act and Massachusetts state law. Specifically, Overjet alleged that:
- VideaHealth infringed Overjet’s purported rights to the registered mark DENTAL ASSIST.
- VideaHealth’s use of various colors and shapes in its radiograph overlaps infringes Overjet’s nonliteral elements of its software copyrights.
- VideaHealth’s AI offering infringes Overjet’s patents.
Overjet also moved for a preliminary injunction. In July 2024, Judge Allison D. Burroughs issued a 31-page order denying Overjet’s preliminary injunction motion on all claims – namely, copyright infringement, trademark infringement, false advertising and unfair competition. She held that “Overjet has failed to demonstrate that the color, shape, and shades used in its Visualization Tool are copyrightable, that Videa has made materially false and misleading statements when advertising its products, or that it is likely to suffer irreparable harm.”
This is a significant win for VideaHealth against one of its top competitors in the dental AI space.