311.Smiths Medical later engaged in additional written communications with RocketMedical in which Smiths Medical provided a detailed analysis of its infringement case. To the present date, Rocket Medical has continued to import into the United States and/or make, use,sell, or offer for salewithin the United States the same embryo replacement catheters.
COUNT IINFRINGEMENT BY ROCKET MEDICAL OF U.S. PATENT NO. 8,092,390
12.Smiths Medical incorporates and repeats the foregoing paragraphs 1-12 of thisComplaint.13.Rocket Medical directly infringes, contributorily infringes, and/or induces theinfringement of one or more claims of the ‘390 Patent, in violation of 35 U.S.C. § 271, and allcauses of action thereunder, to the damage and injury of Smiths Medical.14.Upon information and belief, the acts of infringement by Rocket Medical arewillful, intentional, and in conscious disregard of Smiths Medical’s rights in the ‘390 Patent.15.As a result of Rocket Medical's infringement of the ‘390 Patent, Rocket Medicalhas made and will continue to make unlawful gains and profits. Further, Smiths Medical has been and will continue to be irreparably harmed and deprived of its rights secured by the ‘390Patent due to the unlawful infringement by Rocket Medical.16.Smiths Medical has been and will continue to be deprived of revenue, profit, andgain that it would otherwise have generated but for such infringement, and Rocket Medical hascaused and will continue to cause losses and damages in amounts that cannot be determined withspecificity except by an accounting, as well as irreparable losses and damages.