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| Issue | Plaintiff’s Position | Defendant’s Position | |-------|----------------------|----------------------| | | MegaRelief™ uses the same algorithmic steps, input parameters, and feedback loops described in claims 1‑12 of Lomps’ patent. | The device employs a “different” neural‑network architecture; any similarity is purely functional and not infringing. | | Trade‑Secret Misappropriation (Defend Trade Secrets Act) | Lomps alleges that former EPM engineer James Patel downloaded proprietary source code before leaving his job, then shared it with EPM. | EPM asserts Patel acted independently; the code in question is not a trade secret because it was publicly disclosed in Lomps’ conference presentations. | | Validity of Patent (35 U.S.C. § 101 & § 102) | USPTO re‑examination confirmed the claims are non‑obvious and not abstract ; they produce a concrete, tangible therapeutic result. | The patent is an abstract idea of “modulating nerve signals” and therefore ineligible for protection. | | Consumer‑Product Safety Violations | Evidence shows MegaRelief™ caused 12 reported adverse events (skin burns, nerve damage) that were not disclosed to consumers. | EPM maintains that all adverse events were unrelated to device operation and that it complied with FDA post‑market reporting requirements. | | Damages & Injunctive Relief | Seeks $250 million in compensatory damages, treble damages for willful infringement, and a permanent injunction on all MegaRelief™ sales. | Seeks dismissal of the case, rescission of the preliminary injunction, and a declaration that the patents are invalid. | | EPM asserts Patel acted independently; the code