and trademarks.3.Defendants are currently engaged in making, using, offering for sale and selling,inducing to use and contributing to the infringing practicing of methods, products, kits andsystems covered under the claims of the patents in suit and are currently engaged in thedistribution of products and practicing of methods which infringes the patents in suit on anongoing basis and are liable for these activities post patent issuance under 35 U.S.C. §271 (a) (b)(c) (f) and/or (g). During the period after the publication of each of the two patents in suit, butprior to the issuance of each of the patents, Defendants engaged in making, using, offering forsale and selling, inducing to use and contributing to the infringing practicing of methods,products, kits and systems covered under the claims of the patents in suit and engaged in thedistribution of products and practicing of methods which infringed the patents in suit and areliable for these activities pre-issuance under 35 U.S.C. §154 (d). Venue is proper in this Districtpursuant to 28 U.S.C. §1391(b) (c) and (d) and §1400(a) and (b). Defendants sell products inthis District.
THE PARTIES AND GENERAL ALLEGATIONS
4.Plaintiff, Classen Immunotherapies, Inc. is a corporation existing in the State of Maryland and is the owner of United States Letters Patent Numbers 7,653,639 which publishedon August 31, 2006 and issued on January 26, 2010 and 7,984,069 which published on June 27,2002 and issued on July 19, 2011 (the “patents in suit”).5.Defendant Shionogi Inc. (“Shionogi”) is a corporation existing under the laws of the state of Delaware, with its headquarters in Florham Park, New Jersey. Defendant Shinogi,Inc. is the successor in interest to Sciele Pharma, Inc.6.In 2008, Sciele Pharma, Inc. (“Sciele”) was acquired by Shionogi & Co., Ltd., the-2-