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Marine Polymer Technologies v. Cardinal Health et. al.

Marine Polymer Technologies v. Cardinal Health et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00320: Marine Polymer Technologies, Inc. v. Cardinal Health, Inc. et. al. Filed in U.S. District Court for the District of New Hampshire, no judge yet assigned. See http://news.priorsmart.com/-l8KE for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00320: Marine Polymer Technologies, Inc. v. Cardinal Health, Inc. et. al. Filed in U.S. District Court for the District of New Hampshire, no judge yet assigned. See http://news.priorsmart.com/-l8KE for more info.

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Published by: PriorSmart on Jul 17, 2013
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07/17/2013

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{W3776310.1}
 
1
 
UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEW HAMPSHIRE
 __________________________________________ MARINE POLYMER TECHNOLOGIES, INC. )Plaintiff, )v. ) Civil Action No. ____________ CARDINAL HEALTH, INC., and )CARDINAL HEALTH 200, LLC, )Defendants ) __________________________________________ 
COMPLAINTAND DEMAND FOR JURY TRIAL
 NOW COMES the plaintiff, Marine Polymer Technologies, Inc. ("Marine Polymer"), byand through its attorneys, and complains against Defendants, Cardinal Health, Inc., and CardinalHealth 200, LLC (collectively "Cardinal Health”) as follows:
PARTIES
1.
 
Plaintiff, Marine Polymer, is a Delaware corporation having its principal place of  business at 107 Water Street, Danvers, Massachusetts 01923.2.
 
Defendant Cardinal Health, Inc., is an Ohio Corporation having a principal placeof business at 7000 Cardinal Place, Dublin, OH 43017.3.
 
Defendant Cardinal Health 200, LLC is a wholly owned subsidiary of CardinalHealth, Inc. Cardinal Health 200, LLC is a Delaware Corporation having a principal place of  business at 1430 S. Waukegan Rd., McGraw Park, IL 60085-6787.
NATURE OF THE ACTION
4.
 
This is an action for patent infringement arising under the Patent Laws of theUnited States, Title 35, United States Code, Sections 1
et seq
.
 
 
{W3776310.1}
 
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RELATED PRIOR LITIGATION
5.
 
This action is related to the action captioned
 Marine Polymer Technologies, Inc.v. HemCon, Inc
., Civil No. 06-cv-100 (D. NH 2006) (the “Prior Litigation”). In the Prior Litigation, this Court has found that Defendant HemCon, Inc.’s products infringed United StatesPatent No. 6,864,245 patent (“the ‘245 patent”) and that the ‘245 patent is valid. The FederalCircuit has affirmed the decision of this Court on March 15, 2012. The same ‘245 patent is atissue in this action. This Court has previously enjoined Defendant HemCon, Inc., as well asHemCon’s distributors from infringing the ‘245 patent. Defendants in this action are distributorsof the Defendant HemCon Inc.’s products (now HemCon Medical Technologies, Inc.(“HemCon”)), which were found to infringe the ‘245 patent.
JURISDICTION AND VENUE
6.
 
This Court has subject matter jurisdiction pursuant to 28 U .S.C. §§ 1331 and1338(a).7.
 
This Court has personal jurisdiction over Defendants by virtue of,
inter alia,
their conduct of business in New Hampshire, their continuous and systematic contacts with NewHampshire, and their acts of infringement, contributory infringement and/or inducinginfringement in New Hampshire.8.
 
Defendant Cardinal Health 200, LLC is registered to do business in NewHampshire. Defendant Cardinal Health 200, LLC is a wholly owned subsidiary of DefendantCardinal Health, Inc.9.
 
Venue is proper in this district pursuant to 28 U .S .C. §§ 1391 and 1400(b).
 
 
{W3776310.1}
 
3
 
PATENT IN SUIT
10.
 
The patent in suit is United States Patent No. 6,864,245 (the “’245 patent”),entitled “Biocompatible Poly-
β
-1-4-N-Acetylglucosamine” (Copy attached as Exhibit A), whichwas duly and legally issued on March 8, 2005.11.
 
Marine Polymer is the owner by assignment of the ‘245 patent.
COUNT I - PATENT INFRINGEMENT
12.
 
Plaintiff repeats and realleges each of the preceding allegations as if completelyset forth herein.13.
 
This Court has previously issued a judgment of infringement and validity of the‘245 Patent and has awarded Plaintiff damages of $34,344,511.70 in
 Marine Polymer Technologies, Inc. v. HemCon, Inc
., Civil No. 06-cv-100-JD (D. NH 2006). A copy of the JuryVerdict Forms, Judgment, and Amendment Judgment are attached hereto as Exhibit B.14.
 
HemCon appealed the Court’s judgment to the Federal Circuit. On March 15,2012, the Federal Circuit affirmed,
en banc,
the judgment, including claim construction, of theCourt. A copy of the Federal Circuit’s decision is attached hereto as Exhibit C.15.
 
The Court permanently enjoined defendant HemCon as well as “all other personsin active concert or participation with them, including without limitation, HemCon’s distributors,from infringing asserted claims 6, 7, 10, 11, 12, 17, and 20 of the ‘245 patent by making, using,selling, offering to sell, distributing, or importing into the United States HEMCON®BANDAGE (4" x 4", 2" x 2", and 2" x 4"), CHITOFLEX™ Dressings, HEMCON® DENTALDRESSINGS (10mm x 12mm and 1" x 3"), and any other products which are no more thancolorably different from these infringing products.” A copy of the Permanent Injunction isattached here to as Exhibit D.

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