Court Denies Cardio Miracle's Preliminary Injunctions Against ThermoLife

Cleary Gottlieb represented ThermoLife International LLC in litigation brought by nutritional supplement technology company Cardio Miracle. Cardio Miracle filed suit against ThermoLife in February 2025 seeking to enjoin ThermoLife from exercising its patent rights; the dispute implicated questions at the intersection of patent enforcement, First Amendment protections, and e‑commerce platform governance. The Cleary team defeated Cardio Miracle’s first preliminary injunction request on November 7, 2025 after multiple rounds of briefing and depositions and successful motions to strike newly raised arguments and an entirely new expert declaration. During those proceedings the court also denied Cardio Miracle’s emergency motion for a protective order. When Cardio Miracle refiled its request, Cleary mounted a comprehensive defense, arguing that Cardio Miracle failed to satisfy the Federal Circuit standard for showing bad faith necessary to enjoin a patentee’s speech. Cleary highlighted an internal contradiction in Cardio Miracle’s positions—advertising its products as “rich in heart‑healthy nitrates” to consumers while telling the court those same products contained only “de minimis” amounts of nitrate—and showed that Cardio Miracle offered no concrete evidence of irreparable harm, such as customer affidavits or data demonstrating lasting market‑share loss. Cleary also noted the company’s VP of Finance had characterized the alleged harm as quantifiable in dollar terms. On April 13, 2026 the court denied the renewed preliminary injunction motion in a detailed 10‑page decision, finding that Cardio Miracle’s discussion of irreparable harm was cursory and that the plaintiff failed to provide specific information to substantiate the effect of the removal of online listings. The court concluded that Cardio Miracle had not met its burden to substantiate a likelihood of irreparable harm. Earlier in the litigation the court granted in part ThermoLife’s motion to dismiss, dismissing Cardio Miracle’s Arizona Consumer Fraud Act claim, trade libel claim, and Lanham Act claim. Cleary Gottlieb represented ThermoLife International LLC with a team composed by: partners Gregory Sobolski and Sami Al‑Marzoog; patent attorney Joseph Akalski; associate David Hlavka; partners Clement Naples, Thomas Yeh, Giri Pathmanaban, and Bert Reiser; and senior intellectual property attorney Amy Thomas.

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Court Denies Cardio Miracle's Preliminary Injunctions Against ThermoLife

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Court Denies Cardio Miracle's Preliminary Injunctions Against ThermoLife

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