IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION STB, LTD.

AND THE AMERICAN NATIONAL RED CROSS, Plaintiffs, v. JOHNSON & JOHNSON, ETHICON, INC., OMRIX BIOPHARMACEUTICALS, LTD. AND OMRIX BIOPHARMACEUTICALS, INC. Defendants. § § § § § § § § § § §

Civil Action No. 2:13-cv-277 JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT Plaintiffs STB, Ltd. d/b/a STB Lifesaving Technologies, Inc. (“STB”) and the American National Red Cross (“ARC”) for their Complaint against Defendants Johnson & Johnson, Ethicon, Inc., Omrix Biopharmaceuticals, Ltd. and Omrix Biopharmaceuticals, Inc. (collectively “Defendants”), hereby allege as follows:

THE PARTIES 1. Plaintiff STB is a corporation duly organized and existing under the laws of the

state of Washington with a principal place of business at 13212 NE 16th Street, Suite 312, Bellevue, Washington 98005. 2. Plaintiff ARC is a nonprofit, charitable corporation chartered by an act of the

United States Congress of January 5, 1905, as amended, and codified at 36 U.S.C. § 300101 et seq., also known as the American Red Cross, with an office located at 15601 Crabbs Branch Way, Rockville, Maryland 20855.

3.

Upon information and belief, Defendant Johnson & Johnson is a corporation duly

organized and existing under the laws of the state of New Jersey with a principal place of business at One Johnson & Johnson Plaza, New Brunswick, NJ 08933. 4. Upon information and belief, Defendant Ethicon, Inc. is a corporation duly

organized and existing under the laws of the state of New Jersey with a principal place of business at Route 22 West, Somerville, NJ 08876. 5. Upon information and belief, Defendant Omrix Biopharmaceuticals, Ltd. is a

corporation duly organized and existing under the laws of Israel with a principal place of business at 14 Einstein Street, Weizmann Science Park, P.O. Box 619, Rehovot, 76106 Israel. 6. Upon information and belief, Defendant Omrix Biopharmaceuticals, Inc. is a

corporation duly organized and existing under the laws of the state of Delaware with a principal place of business at Route 22 West, Somerville, NJ 08876. JURISDICTION 7. This Court has jurisdiction over the subject matter of this action pursuant to 28

U.S.C. §§ 1331 and 1338(a) because this action arises under the patent laws of the United States, including 35 U.S.C. § 271 et seq. 8. This Court has personal jurisdiction over each Defendant in that each Defendant

has made, sold, offered for sale and/or imported, and/or aided and abetted others in making, selling and/or offering for sale, fibrin sealant patches for hemostasis (including, for example and without limitation, EVARREST™), which are used, offered for sale, sold, imported into and have been purchased in Texas, including in this judicial district. This Court also has personal jurisdiction over each Defendant in that each Defendant has established sufficient minimum contacts with this judicial district as a result of business conducted within the State of Texas and

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within this judicial district. The exercise of jurisdiction over each Defendant would not offend traditional notions of fair play and substantial justice. VENUE 9. Defendants do business in this district, including providing fibrin sealant patches,

which are used, offered for sale, sold, imported into and have been purchased in Texas, including in this judicial district. Venue is proper in this district pursuant to 28 U.S.C. §§ 1331, 1338(a), 1391(b), (c) and (d) and 1400(b). INFRINGEMENT OF U.S. PATENT NO. 7,189,410 10. On March 13, 2007, United States Letters Patent No. 7,189,410 (“the ‘410

patent”) for “Supplemented and Unsupplemented Tissue Sealants, Methods of Their Production and Use” was duly and legally issued to William N. Drohan, Martin J. MacPhee, Wilson H. Burgess, Hernan Nunez, Manish Singh, Gene Liau and Thomas Maciag. All rights and interest in the ‘410 patent have been assigned to Plaintiff ARC and, for the field of unsupplemented fibrin patches, exclusively licensed to Plaintiff STB. A true and correct copy of the ‘410 patent is attached hereto as Exhibit A. 11. Upon information and belief, Defendants have infringed and continue to infringe

the ‘410 patent. The infringing acts include at least the manufacture, sale, offer for sale and/or importation of unsupplemented fibrin sealant patches (including, for example and without limitation, EVARREST™), and/or inducing and contributing to the manufacture, use, sale, offer for sale and/or importation of unsupplemented fibrin sealant patches (including, for example and without limitation, EVARREST™), that are covered by one or more claims of the ‘410 patent. Defendants are liable for infringement of the ‘410 patent pursuant to 35 U.S.C. § 271 et seq.

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12.

Defendants’ acts of infringement have caused damage to STB and ARC, and STB

and ARC are entitled to recover from Defendants the damages sustained by STB and ARC as a result of Defendants’ wrongful acts in an amount subject to proof at trial. Defendants’ infringement of STB’s rights under the ‘410 patent continues to cause damage to STB and ARC. 13. Upon information and belief, Defendants’ infringement of the ‘410 patent has

been and continues to be willful and deliberate. As a result, STB and ARC are entitled to increased damages under 35 U.S.C. § 284 and to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285. INFRINGEMENT OF U.S. PATENT NO. 7,196,054 14. On March 27, 2007, United States Letters Patent No. 7,196,054 (“the ‘054

patent”) for “Supplemented and Unsupplemented Tissue Sealants, Methods of Their Production and Use” was duly and legally issued to William N. Drohan, Martin J. MacPhee, Hernan Nunez, Gene Liau, Thomas Maciag and Wilson H. Burgess. All rights and interest in the ‘054 patent have been assigned to Plaintiff ARC and, for the field of unsupplemented fibrin patches, exclusively licensed to Plaintiff STB. A true and correct copy of the ‘054 patent is attached hereto as Exhibit B. 15. Upon information and belief, Defendants have infringed and continue to infringe

the ‘054 patent. The infringing acts include at least the manufacture, sale, offer for sale and/or importation of unsupplemented fibrin sealant patches (including, for example and without limitation, EVARREST™), and/or inducing and contributing to the manufacture, use, sale, offer for sale and/or importation of unsupplemented fibrin sealant patches (including, for example and without limitation, EVARREST™), that are covered by one or more claims of the ‘054 patent. Defendants are liable for infringement of the ‘054 patent pursuant to 35 U.S.C. § 271 et seq.

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16.

Defendants’ acts of infringement have caused damage to STB and ARC, and STB

and ARC are entitled to recover from Defendants the damages sustained by STB and ARC as a result of Defendants’ wrongful acts in an amount subject to proof at trial. Defendants’ infringement of STB’s rights under the ‘054 patent continues to cause damage to STB and ARC. 17. Upon information and belief, Defendants’ infringement of the ‘054 patent has

been and continues to be willful and deliberate. As a result, STB and ARC are entitled to increased damages under 35 U.S.C. § 284 and to attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285. PRAYER FOR RELIEF WHEREFORE, STB and ARC pray for judgment and seek relief against each Defendant as follows: (a) For judgment that the claims of the ‘410 patent have been and/or continue to be

infringed by such Defendant; (b) For judgment that the claims of the ‘054 patent have been and/or continue to be

infringed by such Defendant; (c) For an accounting of all damages sustained by STB and ARC as the result of such

Defendant’s acts of infringement; (d) (e) (f) For actual damages together with, prejudgment interest, according to proof; For enhanced damages pursuant to 35 U.S.C. § 284; For an award of attorneys’ fees pursuant to 35 U.S.C. § 285 or as otherwise

permitted by law; (g) (h) For all costs of suit; and For such other and further relief as the Court may deem just and proper.

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Date: April 16, 2013

Respectfully submitted: By: /s/ William E. Davis, III William E. Davis, III Texas State Bar No. 24047416 THE DAVIS FIRM, PC 111 West Tyler Street Longview, Texas 75601 Telephone: (903) 230-9090 Facsimile: (903) 230-9661 Email: bdavis@bdavisfirm.com Donald R. McPhail Barry Golob Kerry McTigue COZEN O’CONNOR The Army and Navy Building 1627 I Street, NW, Suite 1100 Washington, D.C. 20006 Email: dmcphail@cozen.com Email: bgolob@cozen.com Email: kmctigue@cozen.com Attorneys for Plaintiffs STB, LTD. and THE AMERICAN NATIONAL RED CROSS

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