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Datascope et. al. v. Teleflex et. al.

Datascope et. al. v. Teleflex et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-03638-JLL-MAH: Datascope Corp. et. al. v. Teleflex Incorporated et. al. Filed in U.S. District Court for the District of New Jersey, the Hon. Jose L. Linares presiding. See http://news.priorsmart.com/-l8zU for more info.
Official Complaint for Patent Infringement in Civil Action No. 2:13-cv-03638-JLL-MAH: Datascope Corp. et. al. v. Teleflex Incorporated et. al. Filed in U.S. District Court for the District of New Jersey, the Hon. Jose L. Linares presiding. See http://news.priorsmart.com/-l8zU for more info.

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Published by: PriorSmart on Jun 12, 2013
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03/06/2014

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SILLS CUMMIS & GROSS P.CJeffrey J. GreenbaumBrian N. BiglinOne Riverfront PlazaNewark, New Jersey 07102Tel: (973) 643-7000PEARL COHEN ZEDEK LATZER LLPDavid A. LoewensteinClyde A. Shuman1500 Broadway, 12th FloorNew York, New York 10036Tel: (646) 878-0800
 Attorneys for Plaintiffs
 
UNITED STATES DISTRICT COURTDISTRICT OF NEW JERSEY
DATASCOPE CORP. and MAQUETCARDIOVASCULAR US SALES LLC,Plaintiffs,v.TELEFLEX INCORPORATED andARROW INTERNATIONAL, INC.,Defendants.
:::::::
Civil Action No.
COMPLAINT FORPATENT INFRINGEMENTAND JURY DEMAND
 Document Electronically Filed 
Plaintiffs Datascope Corp. (“Datascope”) and Maquet Cardiovascular US Sales LLC(“Maquet US”) (collectively, “Plaintiffs”) allege as follows:
NATURE OF THIS LAWSUIT
1.
 
This action arises under the patent laws of the United States, Title 35 of theUnited States Code, including 35 U.S.C. §§ 271 and 281-285. This Court has exclusivesubject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
 
 2
PARTIES
2.
 
Plaintiff Datascope is a Delaware corporation having its principal place of business at 1300 MacArthur Boulevard, Mahwah, New Jersey 07430.3.
 
Plaintiff Maquet US is a Delaware limited liability company having itsprincipal place of business at 45 Barbour Pond Drive, Wayne, New Jersey 07470.4.
 
On information and belief, Defendant Teleflex Incorporated (“Teleflex”) is aDelaware corporation having its principal place of business at 155 S Limerick Road,Limerick, Pennsylvania 19468-1603.5.
 
On information and belief, Defendant Arrow International, Inc. (“Arrow”) is aPennsylvania corporation having its principal place of business at 2400 Bernville Rd,Reading, Pennsylvania 19605. On information and belief, Defendant Arrow is a wholly-owned subsidiary of Defendant Teleflex. (Defendants Teleflex and Arrow will be referred tocollectively as “Defendants.”)
JURISDICTION AND VENUE
6.
 
On information and belief, each of the Defendants is subject to this Court’sspecific and general jurisdiction due at least to its substantial business within this judicialdistrict, including: (i) marketing, producing, distributing, using, selling, and/or offering tosell intra-aortic balloon catheter and intra-aortic balloon pump products including, but notlimited to, “UltraFlex 7.5”, “Ultra 8”, “NarrowFlex,” “RediGuard,” “FiberOptix™”,“LightWave”; and “AutoCAT 2 WAVE” (“Infringing Products”) and (ii) regularly doing orsoliciting business, engaging in other persistent courses of conduct, and/or derivingsubstantial revenue from the Infringing Products provided to individuals within the UnitedStates and this judicial district.7.
 
Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b), 1391(c) and1400(b).
 
 3
FACTS
8.
 
Datascope is the owner of all right, title and interest in United States PatentNo. 6,616,597 (the “‘597 Patent”), entitled “Intra-Aortic Balloon Catheter Having a DualSensor Pressure Sensing System,” issued on September 9, 2003 (copy attached as Exhibit A);United States Patent No. 6,935,999 (the “‘999 Patent”), entitled “Intra-Aortic BalloonCatheter Having a Dual Sensor Pressure Sensing System,” issued on August 30, 2005 (copyattached as Exhibit B); United States Patent No. 7,112,170 (the “‘170 Patent”), entitled“Intra-Aortic Balloon Catheter Having a Dual Sensor Pressure Sensing System,” issued onSeptember 26, 2006 (copy attached as Exhibit C); and United States Patent No. 7,229,403(the “‘403 Patent”), entitled “Intra-Aortic Balloon Catheter Having a Dual Sensor PressureSensing System,” issued on June 12, 2007 (copy attached as Exhibit D) (collectively, the“Patents in Suit”), including the right to sue for past damages.9.
 
Datascope, founded in 1964, is a pioneer developer and manufacturer of medical devices for clinical healthcare markets in interventional cardiology. Datascope is theworld leader in intra-aortic balloon catheter counterpulsation technology. Datascope createdthe first commercial intra-aortic balloon pump system in 1970, to assist the heart usingcounterpulsation therapy. Datascope created a next-generation intra-aortic balloon pumpsystem in 1971, and introduced the world’s first percutaneous intra-aortic balloon catheter,Percor, in 1979. Datascope’s transportable System 84, introduced in 1981, allowed forpatient transport during therapy, and has continued its history of innovation.10.
 
Datascope has expended substantial sums in research and development of itsproducts, and has a well-deserved reputation and a provider of high quality medical devices,including but not limited to intra-aortic balloon catheter and intra-aortic balloon pumpproducts, in the United States and elsewhere. Datascope has realized substantial salessuccess for these products, including generation of substantial revenues and profits.

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