Overjet loses preliminary injunction against VideaHealth

A U.S. judge in Massachusetts did not grant Overjet's request for a preliminary injunction in its unfair competition, false advertising, and copyright infringement case against artificial intelligence (AI) rival VideaHealth, according to a recent court decision.

U.S. Judge Allison Burroughs found no proof that VideaHealth copied the colors, shapes, and shades of Overjet's visualization tool, which uses AI to help detect caries and other diseases on dental x-rays. Furthermore, the court refused to grant a pretrial injunction blocking VideaHealth's sales and marketing of its AI tool, according to a July 19 order.

"At this time, 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," Burroughs wrote in the order.

In the lawsuit, Overjet alleged that VideaHealth's Patient View copied the colors, shades, and more of Overjet's Anatomical Structures Visualization Tool. However, the court didn't buy that argument, stating that a business that used AI to annotate dental x-rays into color-coded areas to help dentists identify dental diseases couldn't claim copyright protection over its color palette. This claim couldn't be made because it didn't require much originality to create it and overall, the palette was not expressive but functional, according to the order.

After dental service organization (DSO) Heartland Dental announced that it had partnered with VideaHealth in December 2023 following a review of both companies' AI tools, Overjet initiated its lawsuit against its competitor, according to the order.

Furthermore, the judge found that the DSO was not influenced to select VideaHealth based on any misrepresentations. Overjet suggested that VideaHealth gained access to the visualization tool when Overjet released it to the DSO in November 2023.