PATENT IN SUIT
The patent in suit is United States Patent No. 6,864,245 (the “’245 patent”),entitled “Biocompatible Poly-
-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
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,
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.