IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHAL DIVISION ARTHREX, INC.

, Plaintiff, v. SMITH & NEPHEW, INC., Defendant. § § § § § § § § § §

Civil Action No. 2:14-CV-213

JURY TRIAL DEMANDED

ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT This is an action for patent infringement in which Plaintiff, Arthrex, Inc. (hereinafter “Arthrex”), complains against Defendant, Smith & Nephew, Inc. (hereinafter “Smith & Nephew”), and alleges as follows: PARTIES 1. Arthrex is a Delaware corporation having its principal place of business at 1370

Creekside Boulevard, Naples, Florida 34108. 2. Smith & Nephew is a Delaware corporation with its principal place of business at

1450 Books Road, Memphis, Tennessee 38116. ARTHREX’S PATENTS U.S. Patent No. 6,875,216 3. On April 5, 2005, the United States Patent and Trademark Office duly and

lawfully issued United States Patent No. 6,875,216 (“the ‘216 patent”), entitled “Tapered Bioabsorbable Interference Screw for Endosteal Fixation of Ligaments.” A true and correct copy of the ‘216 patent is attached hereto as Exhibit 1. 1

4. 5. patent. 6. screw.

The ‘216 patent names Eugene M. Wolf as an inventor. Arthrex is the owner by assignment of all right, title and interest in the ‘216

The ‘216 patent generally relates to, inter alia, a novel bioabsorbable interference

U.S. Patent No. 5,993,451 7. On November 30, 1999, the United States Patent and Trademark Office duly and

lawfully issued United States Patent No. 5,993,451 (“the ‘451 patent”), entitled “Cannulated Suture Anchor Drill Guide.” A true and correct copy of the ‘451 patent is attached hereto as Exhibit 2. 8. 9. patent. 10. The ‘451 patent generally relates to, inter alia, a novel surgical instrument for The ‘451 patent names Stephen S. Burkhart as an inventor. Arthrex is the owner by assignment of all right, title and interest in the ‘451

installing a suture anchor into bone. U.S. Patent No. 8,343,186 11. On January 1, 2013, the United States Patent and Trademark Office duly and

lawfully issued United States Patent No. 8,343,186 (“the ‘186 patent”), entitled “Fully Threaded Suture Anchor with Transverse Anchor Pin.” A true and correct copy of the ‘186 patent is attached hereto as Exhibit 3. 12. 13. patent. The ‘186 patent names Peter J. Dreyfuss and William C. Benavitz as inventors. Arthrex is the owner by assignment of all right, title and interest in the ‘186

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14.

The ‘186 patent generally relates to, inter alia, a novel suture anchor assembly. U.S Patent No. 8,623,052 B2

15.

On January 7, 2014, the United States Patent and Trademark Office duly and

lawfully issued United States Patent No. 8,623,052 B2 (“the ‘052 patent”), entitled “Suture Anchor.” A true and correct copy of the ‘052 patent is attached hereto as Exhibit 4. 16. 17. patent. 18. The ‘052 patent generally relates to, inter alia, a novel suture anchor assembly. JURISDICTION AND VENUE 19. This Court has original subject matter jurisdiction over the claims in this action The ‘052 patent names Peter J. Dreyfuss and William C. Benavitz as inventors. Arthrex is the owner by assignment of all right, title and interest in the ‘052

pursuant to 28 U.S.C. § 1331 (federal question) and § 1338 (patents). 20. Smith & Nephew is subject to personal jurisdiction in this Court. In particular,

this Court has personal jurisdiction over Smith & Nephew because Smith & Nephew has engaged in such continuous, systematic and substantial activities within this State, including substantial marketing and sales of products in this State and judicial district, as to render it essentially at home in this State. Furthermore, upon information and belief, this Court has personal jurisdiction over Smith & Nephew in this case because Smith & Nephew has committed acts giving rise to Arthrex’s claim for patent infringement within and directed to this judicial district. 21. Venue is proper in this judicial district under 28 U.S.C. § 1391(b) and (c) and 28

U.S.C. § 1400(b).

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COUNT I (DIRECT INFRINGEMENT OF THE ‘216 PATENT) 22. Arthrex incorporates by reference all of the preceding paragraphs as though fully

set forth herein. 23. 24. The ‘216 patent remains valid, enforceable, and unexpired. Upon information and belief, Smith & Nephew is directly infringing and has

directly infringed the ‘216 patent, including, without limitation, by making, using, selling, offering for sale, and/or importing, without license or authority, surgical instruments covered by the ‘216 patent, including but not limited to Smith & Nephew’s BIOSURE bioabsorbable screws. 25. Smith & Nephew’s BIOSURE bioabsorbable screws fall within the scope of one

or more claims of the ‘216 patent. Upon information and belief, Smith & Nephew directly infringes at least claim 1 of the ‘216 patent. 26. Arthrex and Smith & Nephew are competitors. Arthrex has suffered substantial

damages and will suffer severe and irreparable harm as a result of Smith & Nephew’s infringement, unless that infringement is enjoined by this Court. The threatened injury to

Arthrex outweighs any damage that the injunction may cause to Smith & Nephew. Injunctive relief would not disserve the public interest under these circumstances. COUNT II (DIRECT INFRINGEMENT OF THE ‘451 PATENT) 27. Arthrex incorporates by reference all of the preceding paragraphs as though fully

set forth herein. 28. The ‘451 patent remains valid, enforceable and unexpired.

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29.

Upon information and belief, Smith & Nephew is directly infringing and has

directly infringed the ‘451 patent, including, without limitation, by making, using, selling, offering for sale, and/or importing, without license or authority, a surgical instrument for installing a suture anchor into bone covered by the ‘451 patent, including but not limited to Smith & Nephew’s Inline Drill Guides (fishmouth tip). 30. Smith & Nephew’s Inline Drill Guides (fishmouth tip) fall within the scope of one

or more claims of the ‘451 patent. Upon information and belief, Smith & Nephew directly infringes at least claim 1 of the ‘451 patent. 31. Arthrex and Smith & Nephew are competitors. Arthrex has suffered substantial

damages and will suffer severe and irreparable harm as a result of Smith & Nephew’s infringement, unless that infringement is enjoined by this Court. The threatened injury to Arthrex outweighs any damage that the injunction may cause to Smith & Nephew. Injunctive relief would not disserve the public interest under these circumstances. COUNT III (DIRECT INFRINGEMENT OF THE ‘186 PATENT) 32. Arthrex incorporates by reference all of the preceding paragraphs as though fully

set forth herein. 33. 34. The ‘186 patent remains valid, enforceable and unexpired. Upon information and belief, Smith & Nephew is directly infringing and has

directly infringed the ‘186 patent, including, without limitation, by making, using, selling, offering for sale, and/or importing, without license or authority, a suture anchor assembly covered by the ‘186 patent, including but not limited to Smith & Nephew’s Twinfix Ultra suture anchors.

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35.

Smith & Nephew’s Smith & Nephew’s Twinfix Ultra suture anchors fall within

the scope of one or more claims of the ‘186 patent. Upon information and belief, Smith & Nephew directly infringes at least claim 1 of the ‘186 patent. 36. Arthrex and Smith & Nephew are competitors. Arthrex has suffered substantial

damages and will suffer severe and irreparable harm as a result of Smith & Nephew’s infringement, unless that infringement is enjoined by this Court. The threatened injury to Arthrex outweighs any damage that the injunction may cause to Smith & Nephew. Injunctive relief would not disserve the public interest under these circumstances. COUNT IV (DIRECT INFRINGEMENT OF THE ‘052 PATENT) 37. Arthrex incorporates by reference all of the preceding paragraphs as though fully

set forth herein. 38. 39. The ‘052 patent remains valid, enforceable and unexpired. Upon information and belief, Smith & Nephew is directly infringing and has

directly infringed the ‘052 patent, including, without limitation, by making, using, selling, offering for sale, and/or importing, without license or authority, a suture anchor assembly covered by the ‘052 patent, including but not limited to Smith & Nephew’s Twinfix Ultra and Healicoil suture anchors. 40. Smith & Nephew’s Twinfix Ultra and Healicoil suture anchors fall within the

scope of one or more claims of the ‘052 patent. Upon information and belief, Smith & Nephew directly infringes at least claim 1 of the ‘052 patent. 41. Arthrex and Smith & Nephew are competitors. Arthrex has suffered substantial

damages and will suffer severe and irreparable harm as a result of Smith & Nephew’s infringement, unless that infringement is enjoined by this Court. The threatened injury to 6

Arthrex outweighs any damage that the injunction may cause to Smith & Nephew. Injunctive relief would not disserve the public interest under these circumstances. PRAYER FOR RELIEF WHEREFORE, Arthrex requests judgment in its favor against Smith & Nephew for the following relief: A. A judgment in favor of Plaintiff that Smith & Nephew has directly infringed the

‘216, ‘451, ‘186, and ‘052 patents; C. A preliminary and permanent injunction enjoining Smith & Nephew, its officers,

directors, agents, servants, employees and those persons in active concert or participation with Smith & Nephew, from infringing the ‘216, ‘451, ‘186 and ‘052 patents in violation of 35 U.S.C. § 271; D. infringement; F. G. A judgment in favor of Plaintiff that this is an exceptional case; An award to Arthrex of its attorney fees and its costs and expenses incurred in An award of damages adequate to compensate Arthrex for Smith & Nephew’s

connection with this action pursuant to 35 U.S.C. § 285; H. I. An award of prejudgment and post-judgment interest and costs of this action; and Such other and further relief that this Court deems just and proper. JURY DEMAND Arthrex demands a trial by jury on all issues so triable.

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Respectfully submitted,

___________________________ Eric M. Albritton Texas State Bar No. 00790215 ema@emafirm.com Michael A. Benefield Texas State Bar No. 24073408 mab@emafirm.com Shawn A. Latchford Texas State Bar No. 24066603 sal@emafirm.com ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Telephone: (903) 757-8449 Facsimile: (903) 758-7397 Rodger D. Young Michigan State Bar No. P22652 young@youngpc.com Young & Associates 27725 Stansbury Boulevard Suite 125 Farmington Hills, MI 48334 Telephone: (248) 353-8620 Facsimile: (248) 479-7828 Counsel for Arthrex, Inc.

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