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Nuvana Medical Innovations v. Tornier

Nuvana Medical Innovations v. Tornier

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00839-UNA: Nuvana Medical Innovations LLC v. Tornier Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l8qw for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00839-UNA: Nuvana Medical Innovations LLC v. Tornier Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l8qw for more info.

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Published by: PriorSmart on May 14, 2013
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03/02/2014

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWARE
) NUVANA MEDICAL INNOVATIONS, LLC ))Plaintiff, )) Civil Action No. _____________ v. ))TORNIER, INC. )))
JURY TRIAL DEMANDED
 Defendant. )
COMPLAINT
Plaintiff, Nuvana Medical Innovations, LLC (“Nuvana”) by its undersigned attorneys, asand for its Complaint against defendant Tornier, Inc. (“Tornier”), alleges as follows:1.
 
This is an action by Nuvana for infringement of United States Patent No. RE43,482 (“the ‘482 Patent”). A copy of the ‘482 patent is attached hereto as Exhibit 1.
THE PARTIES
2.
 
 Nuvana is a South Carolina corporation with its principle place of businessat 1153 Blackheath Court, Myrtle Beach, SC 295753.
 
On information and belief, Tornier is a Delaware Corporation with a principle place of business at 10801 Nesbitt Avenue South, Bloomington, MN 55437.
 
 
2
 
JURISDICTION AND VENUE
4.
 
This action arises under the Patent Laws of the United States, Title 35,United States Code §§101, et seq.5.
 
This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331,1338(a) and 2201(a).6.
 
This Court has personal jurisdiction over Tornier based on itsincorporation in Delaware. Minimum contacts exist with Delaware sufficient to satisfy therequirements of due process. On information and belief, Tornier regularly transact business inthis District by,
inter alia
, selling and offering for sale products that infringe the ‘842 Patent.7.
 
Venue is proper in this District pursuant to 28 U.S.C. §§ 1391 and 1400.
BACKGROUND
8.
 
Doctor Thomas Chambers is an orthopedic surgeon and has been in practice since 1996. Prior to starting his practice, he completed internships in general surgery,residency in orthopedic surgery and a sports medicine fellowship. He also has a degree inBiomedical Engineering.9.
 
Doctor Edward Mikol is an orthopedic surgeon and has been in practicesince 2000. Prior to starting his practice, he completed internships in general surgery, residencyin orthopedic surgery, and a sports medicine and arthroscopic fellowship. He also has a degreein Computer Science.
 
 
3
 10.
 
Doctors Mikol and Chambers both did their orthopedic surgery residencyat George Washington University Hospital, in Washington DC from 1991 through 1995.11.
 
During their orthopedic surgery residency, Drs. Mikol and Chamberslearned about conventional techniques for treating fractures to the epiphyseal or metaphyseal portions of bones (i.e., the rounded ends at the top and bottom portions, and the portions adjacentthereto), in bones such as the humerus, femur, and other bones with a hollow medullary cavity.Conventional treatment techniques used a combination of a nail that was inserted lengthwise intothe bone and screws that helped to hold the fractured bone in place. Drs. Mikol and Chamberswere unsatisfied with the methodologies and tools available at that time to repair these types of  bone fractures.12.
 
In 1994, Drs. Mikol and Chambers invented an improved apparatus and method to repair fractures in the metaphyseal or epiphyseal portions of humeral and similar  bones. Over the next two years, Drs. Mikol and Chambers worked on their invention and retained an attorney to draft and file a patent application. That application was filed on April 25,1996 and assigned to Nuvana shortly thereafter. The application issued on July 7, 1998 as U.S.Patent No. 5,776,194 entitled “Intermedullary Rod Apparatus and Methods of RepairingProximal Humerus Fractures.” (“the ‘194 Patent”). Related foreign patent applications were alsofiled and were later issued.13.
 
Over the several years after the ’194 Patent issued, Nuvana approached various medical implant companies in an effort to commercialize their invention but wasunsuccessful. Notwithstanding, fracture repair systems for humeral and other similar bones on

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