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Drager Medical et. al. v. Allied Healthcare Products

Drager Medical et. al. v. Allied Healthcare Products

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01656-UNA: Drager Medical GmbH et. al. v. Allied Healthcare Products Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l9fv for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01656-UNA: Drager Medical GmbH et. al. v. Allied Healthcare Products Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l9fv for more info.

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Published by: PriorSmart on Oct 07, 2013
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02/23/2014

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 1
01:14201404.1
IN THE
 
UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWARE
 
Complaint and Demand for Jury Trial and Injunctive Relief Sought
Plaintiffs Dräger Medical GmbH, Draeger Medical Systems Inc., and Draeger Medical Inc., hereinafter collectively “Draeger Medical,” hereby file their Complaintagainst defendant Allied Healthcare Products, Inc. (“Allied”). For its causes of action,Draeger Medical states and alleges as follows:
The Parties
1.
 
Dräger Medical GmbH is a German corporation with its principal place of  business located at Moislinger Allee 53-55, Lübeck, Germany 23558.
2.
 
Draeger Medical Systems Inc. and Draeger Medical Inc. are Delawarecorporations with operations in Andover, Massachusetts and Telford, Pennsylvania. Their principal place of business is located at 3135 Quarry Road, Telford, PA 18969.
3.
 
Allied Healthcare Products, Inc. is a Delaware corporation with its principalplace of business at 1720 Sublette Avenue, St. Louis, MO 63110.
 
DRÄGER MEDICAL GMBH, a Germancorporation; DRAEGER MEDICAL SYSTEMS,INC. and DRAEGER MEDICAL INC., Delawarecorporations,Plaintiffs,v.ALLIED HEALTHCARE PRODUCTS, INC., aDelaware corporation,Defendant.Civil Action No. ____________ 
JURY TRIAL DEMANDED
 
 2
01:14201404.1
Jurisdiction and Venue
4.
 
This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.§§ 1331 and 1338(a), in that this action arises under the federal patent statutes, 35 U.S.C.§§ 271 and 281-285.
5.
 
This Court has personal jurisdiction over Allied because it has committed actsgiving rise to this action within Delaware and within this judicial District. For example,Allied has, upon information and belief, committed acts of infringement in this District by,among other things, offering to sell and selling products that infringe the asserted patents,including, but not limited to, its “Draeger Style” Litholyme cartridges. Additionally, Alliedis a Delaware corporation.
6.
 
Venue in the District of Delaware is proper pursuant to 28 U.S.C. §§ 1391(b), (c)and 1400(b) because a substantial part of the events and acts of infringement giving rise toclaims set forth herein occurred in this judicial District and because Allied is subject to theCourt’s personal jurisdiction and is deemed to reside in this judicial District.
Background
7.
 
Draeger Medical owns all rights and interests in the following United StatesPatents:
 
U.S. Patent No. 7,487,776, (“the ’776 patent”), entitled “Device With AnAnesthesia Respiration System And An Absorber”, which the United StatesPatent and Trademark Office (PTO) duly issued on February 10, 2009, anda copy of which is attached hereto as Exhibit A; and
 
 3
01:14201404.1
 
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.
8.
 
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.
9.
 
Allied does not have a license to any of the patents listed in paragraph 7 (“theDraeger Medical Patents”).
10.
 
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.
11.
 
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
12.
 
Draeger Medical repeats each and every allegation of paragraphs 1-11 as if setforth fully herein.
13.
 
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

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