United States v. Diapulse Corp. of America

WINTER, Circuit Judge:

The United States appeals from Judge Mishler’s order granting in part a motion by Diapulse Corporation of America (“DCA”) to modify a permanent injunction in order to allow it to market a modified version of its Diapulse machine. DCA cross-appeals from that part of Judge Mishler’s order that continues to prohibit DCA from marketing the original Diapulse device without prior Food and Drug Administration (“FDA”) approval. We affirm.

BACKGROUND

This case arises out of one of many attempts by DCA to market a device for which some demand exists in the medical community but…