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Published by: PriorSmart on Jul 03, 2013
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UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MASSACHUSETTS
 ____________________________________ )SMITHS MEDICAL ASD, INC.))Plaintiff,))vs.)Civil Action No. _____________)ROCKET MEDICAL PLC,)
COMPLAINT
)Defendant.) ___________________________________ )Plaintiff Smiths Medical ASD, Inc., for its Complaint against Defendant Rocket MedicalPLC respectfully states and alleges as follows:
PARTIES
1.Plaintiff Smiths Medical ASD, Inc. (“Smiths Medical”) is a Delaware companyhaving a principal place of business at 160 Weymouth Street, Rockland, Massachusetts 02370.2.Upon information and belief, Defendant Rocket Medical PLC (“Rocket Medical”)is a United Kingdom company having its principal place of business at Imperial Way, Watford,Hertfordshire, England.3.Upon information and belief, Rocket Medical has a Unites States Sales andCustomer Services facility located at 150 Recreation Park Drive, Unit 1, Hingham,Massachusetts 02043.
 
2
JURISDICTION AND VENUE
4.Subject matter jurisdiction is based on 28 U.S.C. §§ 1331 and 1338(a), in that thisaction arises under the patent laws of the United States (35 U.S.C. § 1 et seq.
 
).5.Venue lies in this Court pursuant to 28 U.S.C. §§ 1391(b) and (c) and 1400(b) asRocket Medical is subject to personal jurisdiction, does business, and has committed acts of infringement in this District.
FACTUAL BACKGROUND
6.Smiths Medical incorporates and repeats the foregoing paragraphs 1-5 of thisComplaint.7.On January 10, 2012, United States Patent No. 8,092,390 (hereinafter “the ‘390Patent”) entitled “MEDICO-SURGICAL DEVICES” was duly and legally issued. A true andcorrect copy of the ‘390 Patent is attached as
Exhibit A
and is incorporated as part of thisComplaint.8.Smiths Medical is the owner of the ‘390 Patent by assignment and thereby isauthorized and has standing to bring legal action to enforce all rights arising under the ‘390Patent.9.Upon information and belief, Rocket Medical has made, used, sold, offered for sale, and/or imported embryo replacement catheters in the U.S. that infringe one or more claimsof the ‘390 Patent.10.In a January 2012 letter, Smiths Medical notified Rocket Medical that it wasinfringing the ‘390 Patent and demanded that Rocket Medical cease and desist importing intoand selling within the United States embryo replacement catheters that infringe the ‘390 Patent.
 
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.

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