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Ivera Medical v. Excelsior Medical

Ivera Medical v. Excelsior Medical

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-00465-AJB-BGS: Ivera Medical Corporation v. Excelsior Medical Corporation. Filed in U.S. District Court for the Southern District of California, the Hon. Anthony J. Battaglia presiding. See http://news.priorsmart.com/-l7Kz for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-00465-AJB-BGS: Ivera Medical Corporation v. Excelsior Medical Corporation. Filed in U.S. District Court for the Southern District of California, the Hon. Anthony J. Battaglia presiding. See http://news.priorsmart.com/-l7Kz for more info.

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Published by: PriorSmart on Feb 27, 2013
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12/15/2013

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 1
Complaint
12345678910111213141516171819202122232425262728X-PATENTS, APCJONATHAN HANGARTNER, Cal. Bar No. 1962685670 La Jolla Blvd.La Jolla, CA 92037Telephone: 858-454-4313Facsimile: 858-454-4314 jon@x-patents.com Attorneys for Plaintiff Ivera Medical Corporation
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF CALIFORNIA
 
IVERA MEDICAL CORPORATION,Plaintiff,v.EXCELSIOR MEDICALCORPORATION,Defendant.Case No.
COMPLAINTJURY TRIAL DEMANDED
Plaintiff Ivera Medical Corporation (“Ivera”) for its Complaint against DefendantExcelsior Medical Corporation (“Excelsior”) avers as follows:
PARTIES
 1.
 
Plaintiff Ivera is a California corporation that maintains its principal place of  business in Carlsbad, California.2.
 
Defendant Excelsior is a corporation that maintains its principal place of  business at 1933 Heck Avenue, Neptune, New Jersey, 07753.
 
'13
CV0465
BGS
AJB
 
 -2-12345678910111213141516171819202122232425262728
JURISDICTION
 3.
 
This Court has personal jurisdiction over Excelsior because, on informationand belief, Excelsior purposefully ships the infringing SwabCap® products throughestablished distribution channels into the State of California and the Southern District of California. On information and belief, Excelsior is engaged in substantial and regular  business in the State of California and the Southern District of California.4.
 
Venue is proper under 28 U.S.C. §§1391(b) and (c) and 1400(b) becauseExcelsior offers the infringing products for sale in the Southern District of California and because Excelsior is subject to personal jurisdiction in the Southern District of California.
BACKGROUND
5.
 
On October 16, 2007, United States Patent No. 7,282,186 (the ‘186 patent),on an invention entitled “Decontamination Device,” was duly and legally issued by theUnited States Patent and Trademark Office. A copy of the ‘186 patent is attached heretoas Exhibit A.6.
 
Ivera is the exclusive licensee of the ‘186 patent and has the authority toenforce the ‘186 patent.7.
 
Excelsior sells throughout the United States a product line of disinfectingcaps used to disinfect the access ports of luer activated valves it refers to as the SwabCap.
FIRST CAUSE OF ACTION
 
COUNT I(INFRINGEMENT OF THE ‘186 PATENT)
8.
 
Ivera realleges and incorporates the previous paragraphs of this Complaint asthough set forth in full herein.
 
 -3-123456789101112131415161718192021222324252627289.
 
Excelsior has used, offered for sale, sold, and/or imported into the UnitedStates products, including at least the SwabCap, which literally and under the doctrine of equivalents infringe one or more claims of the ‘186 patent in violation of 35 U.S.C. §271.10.
 
Ivera has been damaged and has suffered irreparable injury due to acts of infringement by Excelsior and will continue to suffer irreparable injury unless Excelsior’sactivities are enjoined.11.
 
Ivera has suffered and will continue to suffer substantial damages by reasonof Excelsior’s acts of patent infringement alleged above, and Ivera is entitled to recover from Excelsior the damages sustained as a result of Excelsior’s acts.
PRAYER FOR RELIEF
 WHEREFORE, Ivera prays that judgment be entered by this Court in its favor andagainst Excelsior as follows:A. That Excelsior has infringed the ‘186 patent;B. Permanently enjoining and restraining Excelsior, its agents, affiliates,subsidiaries, servants, employees, officers, directors, attorneys and those persons in activeconcert with or controlled by Excelsior from further infringing the ‘186 patent;C. For an award of damages adequate to compensate Ivera for the damages ithas suffered as a result of Excelsior’s conduct, including pre-judgment interest;D. That Excelsior be directed to withdraw from distribution all infringing products, whether in the possession of Excelsior or its distributors or retailers, and that allinfringing products or materials be impounded or destroyed;E. For monetary damages in an amount according to proof;F. For interest on said damages at the legal rate from and after the date suchdamages were incurred;G. That this is an exceptional case and for an award of Ivera’s attorney fees andcosts;

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