Anda di halaman 1dari 5

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS ____________________________________ ) SMITHS MEDICAL ASD, INC. ) ) Plaintiff, ) ) vs.

) Civil Action No. ______________ ) ROCKET MEDICAL PLC, ) ) Defendant. ) ___________________________________ ) COMPLAINT

Plaintiff Smiths Medical ASD, Inc., for its Complaint against Defendant Rocket Medical PLC respectfully states and alleges as follows:

PARTIES 1. Plaintiff Smiths Medical ASD, Inc. (Smiths Medical) is a Delaware company

having a principal place of business at 160 Weymouth Street, Rockland, Massachusetts 02370. 2. Upon information and belief, Defendant Rocket Medical PLC (Rocket Medical)

is a United Kingdom company having its principal place of business at Imperial Way, Watford, Hertfordshire, England. 3. Upon information and belief, Rocket Medical has a Unites States Sales and

Customer Services facility located at 150 Recreation Park Drive, Unit 1, Hingham, Massachusetts 02043.

JURISDICTION AND VENUE 4. Subject matter jurisdiction is based on 28 U.S.C. 1331 and 1338(a), in that this

action arises under the patent laws of the United States (35 U.S.C. 1 et seq.). 5. Venue lies in this Court pursuant to 28 U.S.C. 1391(b) and (c) and 1400(b) as

Rocket Medical is subject to personal jurisdiction, does business, and has committed acts of infringement in this District.

FACTUAL BACKGROUND 6. Complaint. 7. On January 10, 2012, United States Patent No. 8,092,390 (hereinafter the 390 Smiths Medical incorporates and repeats the foregoing paragraphs 1-5 of this

Patent) entitled MEDICO-SURGICAL DEVICES was duly and legally issued. A true and correct copy of the 390 Patent is attached as Exhibit A and is incorporated as part of this Complaint. 8. Smiths Medical is the owner of the 390 Patent by assignment and thereby is

authorized and has standing to bring legal action to enforce all rights arising under the 390 Patent. 9. Upon information and belief, Rocket Medical has made, used, sold, offered for

sale, and/or imported embryo replacement catheters in the U.S. that infringe one or more claims of the 390 Patent. 10. In a January 2012 letter, Smiths Medical notified Rocket Medical that it was

infringing the 390 Patent and demanded that Rocket Medical cease and desist importing into and selling within the United States embryo replacement catheters that infringe the 390 Patent.


Smiths Medical later engaged in additional written communications with Rocket

Medical in which Smiths Medical provided a detailed analysis of its infringement case. To the present date, Rocket Medical has continued to import into the United States and/or make, use, sell, or offer for sale within the United States the same embryo replacement catheters.

COUNT I INFRINGEMENT BY ROCKET MEDICAL OF U.S. PATENT NO. 8,092,390 12. Complaint. 13. Rocket Medical directly infringes, contributorily infringes, and/or induces the Smiths Medical incorporates and repeats the foregoing paragraphs 1-12 of this

infringement of one or more claims of the 390 Patent, in violation of 35 U.S.C. 271, and all causes of action thereunder, to the damage and injury of Smiths Medical. 14. Upon information and belief, the acts of infringement by Rocket Medical are

willful, intentional, and in conscious disregard of Smiths Medicals rights in the 390 Patent. 15. As a result of Rocket Medical's infringement of the 390 Patent, Rocket Medical

has made and will continue to make unlawful gains and profits. Further, Smiths Medical has been and will continue to be irreparably harmed and deprived of its rights secured by the 390 Patent due to the unlawful infringement by Rocket Medical. 16. Smiths Medical has been and will continue to be deprived of revenue, profit, and

gain that it would otherwise have generated but for such infringement, and Rocket Medical has caused and will continue to cause losses and damages in amounts that cannot be determined with specificity except by an accounting, as well as irreparable losses and damages.


Smiths Medical is entitled to preliminary and permanent injunctive relief,

enjoining Rocket Medical, and all persons in active concert with them, from further and continuing infringement of the claims of the 390 Patent.

JURY DEMAND Smiths Medical hereby demands a jury trial for all issues so triable.

PRAYER FOR RELIEF WHEREFORE, Smiths Medical prays for relief as follows: A. A judgment that Rocket Medical has directly infringed, induced infringement,

and/or contributed to the infringement of Smiths Medicals 390 Patent; B. A judgment preliminarily and permanently enjoining and restraining Rocket

Medical and its subsidiaries, parents, officers, directors, agents, servants, employees, agents, affiliates, attorneys and all others in active concert with them, from directly infringing, infringing by inducement and/or contributing to the infringement of the 390 Patent; C. A judgment that Rocket Medical's various acts of infringement have been in

willful, knowing, and deliberate disregard of Smiths Medicals patent rights and requiring Rocket Medical to pay damages under 35 U.S.C. 284, including treble damages for willful infringement, with interest; D. A judgment awarding Smiths Medical damages, including lost profits, adequate to

compensate for Rocket Medicals infringement, but not less than a reasonable royalty, resulting from Rocket Medical's various acts of infringement;


A judgment awarding damages to Smiths Medical for its costs, disbursements,

and attorneys fees incurred in prosecuting this action, with interest, including damages for an exceptional case, pursuant to 35 U.S.C. 285 and otherwise as provided by law; F. A judgment awarding Smiths Medicals pre-judgment and post-judgment interest

on Smiths Medicals damages as allowed by law; and G. Such other relief as the Court may deem just and equitable.

Date: July 3, 2013 Respectfully submitted,

/s/ Daniel J. Cloherty___________ Daniel J. Cloherty (BBO #565772) Collora LLP 100 High Street, 20th Floor Boston, MA 02110 (617) 371-1000 Eric H. Chadwick PATTERSON THUENTE PEDERSEN, P.A. 4800 IDS Center, 80 South 8th Street Minneapolis, MN 55402-2100 (612) 349-5740 Fax: (612) 349-9266 Counsel for Smiths Medical ASD, Inc.