United States District Court, S.D. California
3D4MEDICAL LIMITED, an Irish corporation, and 3D4MEDICAL.COM LLC, a Nevada corporation, Plaintiffs,
ORCA HEALTH, INC., a Delaware corporation, Defendant.
ORDER GRANTING MOTION TO STAY
Dana M. Sabraw United States District Judge.
before the Court is Defendant Orca Health, Inc.'s
(“Orca Health”) Motion to Stay pursuant to the
first-to-file rule. Plaintiffs 3D4Medical Limited and
3D4Medical.com LLC (collectively
“3D4Medical”) filed an opposition to the motion, and
Orca Health filed a reply. For the reasons discussed below,
the motion is granted.
Health is a Delaware corporation that develops patient
education software applications (“apps”). One of
Orca Health's apps include Orca Care, originally known as
“OrcaMD, ” which allows physicians to educate
their patients about their diagnosis and treatment options by
using an interactive three-dimensional model of the human
2014, Orca Health employed Jared Huish as the Vice President
of Business Development. Huish had access to Orca
Health's confidential and proprietary information
regarding Orca Care. Beginning in 2015, Huish allegedly
disclosed such information to 3D4Medical, a corporation that
also develops patient education apps. Subsequently, Huish
left Orca Health and joined 3D4Medical. Orca Health alleges
3D4Medical acquired and used confidential and proprietary
information regarding Orca Care to develop competing apps,
Complete Ortho and Complete Ortho Pro.
Health also alleges 3D4Medical has developed other apps,
including Complete Anatomy, Spine Pro III, and Essential
Skeleton 4, that allows users to visualize, manipulate
personalize, and modify anatomical elements in a manner that
infringes the claims of its U.S. Patent No. 8, 908, 943. Orca
Health contends the fundamental purpose, interface, and
capabilities of 3D4Medical's apps are embodied by the
issued claims of the '943 patent.
January 3, 2017, Orca Health filed suit against 3D4Medical
Limited, 3D4Medical.com LLC, 3D4Medical, Inc., and Huish in
the U.S. District Court for the District of Utah. In the
first amended complaint, Orca Health alleges the following
causes of action: (1) misappropriation of trade secrets, Utah
Code § 13-24-1 et seq., (2) violation of the
Defend Trade Secrets Act (“DTSA”), 18 U.S.C.
§ 1831 et seq., (3) interference with economic
relations, (4) breach of fiduciary duty, (5) breach of
contract, (6) interference with contract, (7) unjust
enrichment, (8) unfair competition, 15 U.S.C. § 1125,
(9) patent infringement, (10) unfair competition, Utah Code
§ 13-5A-101 et seq., and (11) civil
conspiracy. On March 21, 2017, 3D4Medical Limited and
3D4Medical, Inc. filed a motion to transfer the Utah action
to this Court. That motion is currently pending.
Orca Health, 3D4Medical develops patient education apps that
allow users to view, observe, and explore three-dimensional
representation of the human anatomy. Some of 3D4Medical's
apps include the Heart Pro and Skeleton System Pro.
3D4Medical contends “[t]hese proprietary works are
protected by U.S. copyright
registrations.” (Mem. of P. & A. in Opp'n to Mot.
alleges Orca Health has released several apps, such as Heart
Decide and Orca Care, which copy several distinctive and
original features of its apps; thereby infringing its
copyrights. Specifically, 3D4Medical argues Orca Heath copied
several features of its apps, including the display of blue
pushpins to designate features of organs.
February 17, 2017, approximately 45 days after the
commencement of the Utah action, 3D4Medical filed the present
action against Orca Health. In the complaint, 3D4Medical
alleges the following causes of action: (1) copyright
infringement, (2) trade dress infringement in violation of
the Lanham Act, 15 U.S.C. § 1125(a)(1)(A), (3) unfair
competition, Cal. Bus. & Prof. Code § 1700 et
seq., and (4) breach of contract. On April 18, 2017,
Orca Health filed a motion to stay proceedings pending the
resolution of the motion to transfer in the Utah action.