U.S. Patent No. 8,286,633, (“the ’633 patent”), entitled “Carbon DioxideAbsorber For A Rebreathing System”, which the PTO duly issued onOctober 16, 2012, and a copy of which is attached hereto as Exhibit B.
Draeger Medical manufactures and sells CLIC adapters for anesthesia machinesthat incorporate replaceable CLIC cartridges which Draeger Medical sells under the nameDrägersorb®. These products are protected by the ’776 and ’633 patents.
Allied does not have a license to any of the patents listed in paragraph 7 (“theDraeger Medical Patents”).
Allied manufactures and sells carbon dioxide absorbents for medical use and thereplaceable cartridges that house the absorbents, including what Allied calls “Draeger Style”Litholyme and Carbolime cartridges (the “Accused Products”). These cartridges are madespecifically to replace Draeger Medical’s cartridges, and operate in connection with Draeger Medical’s CLIC adapters.
On information and belief, Allied sells the Accused Products to hospitals acrossthe United States, including hospitals within the State of Delaware.
Count I – The ’776 Patent
Draeger Medical repeats each and every allegation of paragraphs 1-11 as if setforth fully herein.
In violation of 36 U.S.C.
271, Allied is now, and has been directly infringing,contributorily infringing, and/or inducing infringement of the ’776 patent bymanufacturing, using, importing, offering for sale, and/or selling “Draeger Style” carbondioxide absorbent cartridges in the United States, including, but not limited to, Litholyme