Complaint - MedIdea v. Zimmer

case 3:10-cv-00283-JVB-CAN document 1 filed 08/26/09 page 1 of 7
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
MEDIDEA, LLC )
a Michigan Limited Liability Company )
)
Plaintiff, )
)
v. ) Case No. 2:09-CV-258
)
ZIMMER HOLDINGS, INC.; ) TRIAL BY mRY DEMANDED
a Delaware Company; ZIMMER, INC.; )
a Delaware Company; and ZIMMER US, )
INC.; a Delaware Company )
)
Defendants. )
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff, MEDIDEA, LLC, by its attorneys, hereby complains against
Defendants, ZIMMER HOLDINGS, INC.; ZIMMER, INC.; and ZIMMER US, INC. as follows:
I.
The Parties
1. Plaintiff, MEDIDEA, LLC. ("MEDIDEA") is a Michigan Corporation
with its principal place of business at 911 NW Loop 281, Suite 211-38, Longview, Texas 75604.
2. Defendant, ZIMMER HOLDINGS, INC., is, on information and belief, a
company established under the laws of Delaware, with its principal place of business at 1800
West Center Street, Warsaw, Indiana 46581, and is doing business in this judicial district and is
engaged in the business of selling femoral prosthesis' used by orthopedic surgeons, from which
it generates substantial revenue.
3. Defendant, ZIMMER, INC., is a subsidiary of ZIMMER HOLDINGS,
INC., and is, on information and belief, a company established under the laws of Delaware, with
its principal place of business at 1800 West Center Street, Warsaw, Indiana 46581, and is doing
business in this judicial district and is engaged in the business of selling femoral prosthesis' used
by orthopaedic surgeons, from which it generates substantial revenue.
4. Defendant, ZIMMER US, INC., is a subsidiary of ZIMMER HOLDINGS,
INC., and is, on information and belief, a company established under the laws of Delaware, with
its principal place of business at 1800 West Center Street, Warsaw, Indiana 46581, and is doing
business in this judicial district and is engaged in the business of selling femoral prosthesis' used
by orthopaedic surgeons, from which it generates substantial revenue. Defendants ZIMMER
HOLDINGS, INC.; ZIMMER, INC.; and ZIMMER US, INC. are hereafter collectively referred
to as "ZIMMER".
II.
Jurisdiction and Venue
5. This Court has jurisdiction over the subject matter of this action under 28
US.C. "1331 and 1338(a) because this action arises under the Patent Laws of the United
States, 35 US.C. '1, et seq.
6. Venue properly lies in the Eastern District of Texas pursuant to 28 US. C.
, 1391(b) and (c) because a substantial part of the events giving rise to these claims occurred in
this District, MEDIDEA maintains a principle place of business in this district, and ZIMMER IS
subject to personal jurisdiction in this District.

III.
Claims Related to Hip Patents
7. MEDIDEA is the owner of United States Patent Number 6,200,350 (the
"'350 Patent"). A True and correct copy of the Patent as issued is attached hereto as Exhibit A.
8. MEDIDEA is the owner of United States Patent Number 6,383,225 (the
"'225 Patent"). A True and correct copy of the Patent as issued is attached hereto as Exhibit B.
9. The '350 Patent and the '225 Patent (collectively "the Hip Patents") are
the result of pioneering research and development conducted in the field, among other areas, of
proximal femoral prosthesis. The inventions disclosed by the Hip Patents have been
incorporated by ZIMMER into its product lines, such as, for example, in its MIL Taper Hip
Prosthesis with Kinectiv Technology.
10. It has been reported by ZIMMER that it generated over $1 billion dollars
in 2004 in revenue related to the sale of hip prosthesis products alone.
11. ZIMMER has been infringing the Hip Patents by selling femoral
prosthesis' with structures that are covered by and claimed in the Hip Patents in violation of35
U.S.C. 271, with resultant damage to MEDIDEA.
12. ZIMMER, with actual knowledge of the Hip Patents, with knowledge of
their infringement and without lawful justification, has willfully and deliberately infringed the
Hip Patents.
IV.
Claims Related to Shoulder Patents
13. MEDIDEA is the owner of United States Patent Number 6,267,785 ("the
'785 Patent"). A True and correct copy of the Patent as issued is attached hereto as Exhibit C.
'391 Patent"). A True and correct copy of the Patent as issued is attached hereto as Exhibit D.
'812 Patent"). A True and correct copy of the Patent as issued is attached hereto as Exhibit E
'300 Patent"). A True and correct copy of the Patent as issued is attached hereto as Exhibit F.
,478 Patent"). A True and correct copy of the Patent as issued is attached hereto as Exhibit G.
18. The "785 Patent, the '391 Patent, the '812 Patent, the '300 Patent, and the
'478 Patent (collectively "the Shoulder Patents") are the result of pioneering research and
development conducted in the field, among other areas, of the proper position of a prosthetic
shoulder implant. The inventions disclosed by the Shoulder Patents have been incorporated by
ZIMMER into its product lines, such as, for example, in its Anatomical Shoulder Fracture
System.
19. It has been reported by ZIMMER that it has generated substantial revenue
related to the sale of shoulder prosthesis products.
20. ZIMMER has been infringing the Shoulder Patents by selling shoulder
prosthesis' with structures that are covered by and claimed in the Shoulder Patents in violation of
35 U.S.C. 271, with resultant damage to MEDIDEA.

21. ZIMMER, with actual knowledge of the Shoulder Patents, with
knowledge of their infringement and without lawful justification, has willfully and deliberately
infringed the Shoulder Patents.
v.
Relief
WHEREFORE, the Plaintiff, MEDIDEA, L.L.C., prays:
(a) for the entry of judgment holding that the Hip Patents and the Shoulder
Patents are good and valid in law, and to have been willfully and deliberately infringed by the
Defendants;
(b) for a preliminary and injunction preventing the Defendants from
committing any further act of infringement;
(c) for a judgment that this cause is "exceptional" in the sense of 35 U.S.C.
285 and that MEDIDEA is entitled to an award of its reasonable attorneys' fees in the
prosecution of its action;
(d) for an award of damages adequately to compensate MEDIDEA for the
past infringement of the Hip Patents and the Shoulder Patents by the Defendants, together with
interest and costs as fixed by the Court, such damages to be trebled because of the willful and
deliberate character of the infringement; and
(e) such other relief as the Court deems proper and just.
VI.
DEMAND FOR JURY TIDAL
Pursuant to Federal Rules of Civil Procedure Rule 38, Plaintiff MedIdea hereby demands
a jury trial on all issues triable by jury.
Dated: August 26, 2009 Respectfully submitted,
lsi S. Calvin Capshaw

S. Calvin Capshaw
State Bar No. 03873900
Elizabeth L. DeRieux
D. Jeffrey Rambin
CAPSHAW DeRIEUX, LLP
1127 Judson Road, Suite 220
P.O. Box 3999
Longview, TX 75601-5157
Telephone: (903) 236-9800
Facsimile: (903) 236-8787
E-mail: ccapshaw@capshawlaw.com
E-mail: ederieux@capshawlaw.com
E-mail: jrambin@capshawlaw.com
OF COUNSEL:
Joseph M. Vanek
IL State Bar No. 6197046
Thomas A. Vickers
Jeffrey R. Moran
VANEK, VICKERS & MASINI, P.C.
III S. Wacker Drive, Suite 4050
Chicago, Illinois 60606
Telephone: (312) 224-1500
Facsimile: (312) 224-1510
E-mail: jvanek@vaneklaw.com
E-mail: tvickers@vaneklaw.com
E-mail: jmoran@vaneklaw.com
Eugene M. Cummings
David M. Mundt
Martin Goering
Konrad V. Sherinian
THE LAW OFFICES OF
EUGENE M. CUMMINGS, P.C.
One North Wacker Drive, Suite 4130
Chicago, Illinois 60606
Telephone: (312) 984-0144
Facsimile: (312) 984-0146
E-mail: ecummings@emcpc.com
E-mail: dmundt@emcpc.com
E-mail: mgoering@emcpc.com
E-mail: ksherinian@emcpc.com
Attorneys for Plaintiff Medldea, LLC

case 3:10-cv-00283-JVB-CAN document 1-1 filed 08/26/09 page 1 of 7
case 3:10-cv-00283-JVB-CAN document 1-8
'dS 44 (Rev, 12/07)
CIVIL COVER SHEETfiled 08/26/09 page 1 of 2
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM,)
I. (a) PLAINTIFFS DEFENDANTS
Medldea, LLC Zimmer Holdings, Inc., et al
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN US PLAINTIFF CASES) (IN U,S, PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED,
(c) Attorney's (Firm Name, Address. and TeleJ2QoneNumber) Attorneys (If Known)
S. Calvin Capshaw, Capshaw DeKieux, LLP,
1127 Judson Road, Suite 220, Longview, TX 75601
903 236-9800
II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
o 1 U.S. Governmeut l!!I 3 Federal Question PTF DEF PTF DEF
Plaintiff (US Government Not a Party) Citizen of This State 0 1 0 1 Incorporated or Principal Place 0 4 0 4
of Business In This State
o2 U.S. Governmeut o 4 Diversity Citizen of Another State o 2 o 2 Incorporated and Principal Place
Defendant of Business In Another State
(Indicate Citizenship of Parties in Item III)
Citizen or Subject of a Foreign Nation o 6 o 6

F orcizn Country
IV. NATURE OF SUIT (Place an rX't in One Box Onlv)
TORTS (\TlI1i'l>
o 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 610 Agriculture 0 422 Appeal 28 USC 158 0 400 State Reapportionment
o 120 Marine 0 310 Airplane 0 362 Personal Injury - 0 620 Other Food & Drug 0 423 Withdrawal 0 410 Antitrust
o 130 Miller Act 0 315 Airplane Product Med. Malpractice 0 625 Drug Related Seizure 28 USC 157 0 430 Banks and Banking
o 140 Negotiable Instrument Liability 0 365 Personal Injury - of Property 21 USC 881 0 450 Commerce
o 150 Recovery of Overpayment 0 320 Assault. Libel & Product Liability 0 630 Liquor Laws b=P~R~O~P~E;;'R;';-';T~Y';"'/RI='
G~:'":'H;;:T;::S';""
=""""10 460 Deportation
& EnforcementofIudgment Slander 0 368 Asbestos Personal 0 640 RR, & Truck 0 820 Copyrights 0 470 Racketeer Inl1uenced and
o 151 Medicare Act 0 330 Federal Employers' Injury Product 0 650 Airline Regs, l!!I 830 Patent Corrupt Organizations
o 152 Recovery of Defaulted Liability Liability 0 660 Occupational 0 840 Trademark 0 480 Consumer Credit
Student Loans 0 340 Marine PERSONAL PROPERTY Safety/Health 0 490 Cable/Sat TV
(Excl. Veterans) 0 345 Marine Product 0 370 Other Fraud n 690 Other n 810 Selective Service
o 153 Recovery of Overpayment
of Veteran' s Benefits 0
Liability
350 Motor Vehicle
0 371 Truth in Lending
0 380 Other Personal
~~$~~~'A~\.Hiill(01BER========~~s~([)~(r~AI~~~~r:x====qco
0 710 Fair Labor Standards 0 861 HIA (l395l1)
850 Securities/Commodities
Exchange
o 160 Stockholders' Suits 0 355 Motor Vehicle Property Damage Act 0 862 Black Lung (923) 0 875 Customer Challenge
o 190 Other Contract Product Liability 0 385 Property Damage 0 720 Labor/Mgmt. Relations 0 863 DIWClDIWW (405(g» 12 USC 3410
o 195 Contract Product Liability 0 360 Other Personal Product Liability 0 730 Labor/Mgmt.Reporting 0 864 ssm Title XVI 0 890 Other Statutory Actions
o 196 Franchise Injury & Disclosure Act 0 865 RSI (405(g» 0 891 Agricultural Acts
..".==RE:,:."'A;!.L:.::··...:P...:R~O~·
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740 Railway Labor Act F"":'FE"'
••"'D;':E"'Ri"'
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·.~··""S"'t"'II"'T"'S"..---10
892 Economic Stabilization Act
o 210 Land Condemnation 0 441 Voting 0 510 Motions to Vacate 0 790 Other Labor Litigation 0 870 Taxes (US Plaintiff 0 893 Environmental Matters
o 220 Foreclosure 0 442 Employment Sentence 0 791 Empl, Ret Inc, or Defendant) 0 894 Energv Allocation Act
o 230 Rent Lease & Ejectment 0 443 Housing Habeas Corpus: Security Act 0 871 IRS-Third Party 0 895 Freedom ofInformation
o 240 Torts to Land Accommodations 0 530 General 26 USC 7609 Act
o 245 Tort Product Liability 0 444 Wel±:lre 0 535 Death Penalty 0 900Appeal of Fee Determination
o 290 All Other Real Property 0 445 Amer. w.Disabilities - 0 540 Mandamus & Other 0 462 Naturalization Application Under Equal Access
Emplovment 0 550 Civil Rights 0 463 Habeas Corpus - to Justice
o 446 Amer. w.Disabilities - 0 555 Prison Condition Alien Detainee 0 950 Constitutionality of
Other 0 465 Other Immigration State Statutes
o 440 Other Civil Rights Actions
V. ORIGIN (Place an "X" in One Box Only) Appeal to District

)11 Original o 2 Removed from 0 3 Remanded from O 4 Reinstated or 0 5 Transferred from
another district
0 6 Multidistrict
~ o 7 Judge from
Magistrate
Proceeding State Court Appellate Court Reopened s ecif Litigation
Jud nent
Cite the Ll.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. 271
VI. CAUSE OF ACTION
Brief description of cause:
Patent Infrin ement
VII. REQUESTED IN o CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F.R,C.P, 23 JURY DEMAND: ~ Yes n No

VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
08/26/2009
08/26/2009 /s/ S. Calvin Capshaw
FOR OFFICE USE ONLY
RECEIPT AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 12!07)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required
by law, except as provided by local rules of court. This form, approved by the Judicial Conference ofthe United States in September 1974, is required for the use
ofthe Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint
filed. The attorney filing a case should complete the form as follows:
I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaint ifland defendant. If the plaintiffor defendant is a government agency, use only
the full name or standard abbreviations. If the plaintiffor defendant is an official within a government agency, identify first the agency and then the official, giving
both name and title.
(b) County of Residence. For each civil case filed, except US. plaintiffcases, enter the name ofthe county where the first listed plaintiffresides at the time
of filing. In US. plaintiffcases, enter the name ofthe county in which the first listed defendant resides at the time offiling. (NOTE: In land condemnation cases,
the county ofresidence of the "defendant" is the location of the tract ofland involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.CP., which requires that jurisdictions be shown in pleadings. Place an "X" in one
of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 US.C 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 US.C 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the
Constitution, an act of Congress or a treaty ofthe United States. In cases where the US. is a party, the US. plaintiffor defendant code takes precedence, and box
1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 US.C 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship ofthe
different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
III. Residence (citizenship) of Principal Parties. This section ofthe JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section
for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. Ifthe nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sut1icient
to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select
the most definitive.
V. Origin. Place an "X" in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
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for removal is granted, check this box.
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litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 US.C Section 1407. When this box
is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description ofthe cause. Do not cite jurisdictional statutes
unless diversitv. Example: US. Civil Statute: 47 USC 553
. Brief Description: 0 naufhonzed reception of cable service
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Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
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VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers
and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

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case 3:10-cv-00283-JVB-CAN document 1 filed 08/26/09 page 1 of 7

IN THE UNITED STATES DISTRICT COURT

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff, MEDIDEA, LLC, by its attorneys, hereby complains against

1. Plaintiff, MEDIDEA, LLC. ("MEDIDEA") is a Michigan Corporation

2. Defendant, ZIMMER HOLDINGS, INC., is, on information and belief, a

it generates substantial revenue.

3. Defendant, ZIMMER, INC., is a subsidiary of ZIMMER HOLDINGS,

by orthopaedic surgeons, from which it generates substantial revenue.

4. Defendant, ZIMMER US, INC., is a subsidiary of ZIMMER HOLDINGS,

by orthopaedic surgeons, from which it generates substantial revenue. Defendants ZIMMER

Jurisdiction and Venue

States, 35 US.C. '1, et seq.

6. Venue properly lies in the Eastern District of Texas pursuant to 28 US. C.

subject to personal jurisdiction in this District.

Claims Related to Hip Patents

7. MEDIDEA is the owner of United States Patent Number 6,200,350 (the

8. MEDIDEA is the owner of United States Patent Number 6,383,225 (the

Prosthesis with Kinectiv Technology.

in 2004 in revenue related to the sale of hip prosthesis products alone.

U.S.C. 271, with resultant damage to MEDIDEA.

Claims Related to Shoulder Patents

related to the sale of shoulder prosthesis products.

35 U.S.C. 271, with resultant damage to MEDIDEA.

21. ZIMMER, with actual knowledge of the Shoulder Patents, with

infringed the Shoulder Patents.

WHEREFORE, the Plaintiff, MEDIDEA, L.L.C., prays:

(b) for a preliminary and injunction preventing the Defendants from

committing any further act of infringement;

prosecution of its action;

(d) for an award of damages adequately to compensate MEDIDEA for the

deliberate character of the infringement; and

DEMAND FOR JURY TIDAL

a jury trial on all issues triable by jury.

Dated: August 26, 2009 Respectfully submitted,

lsi S. Calvin Capshaw

Attorneys for Plaintiff Medldea, LLC

I. (a) PLAINTIFFS DEFENDANTS

Medldea, LLC Zimmer Holdings, Inc., et al

Citizen or Subject of a Foreign Nation o 6 o 6

V. ORIGIN (Place an "X" in One Box Only) Appeal to District

COMPLAINT: UNDER F.R,C.P, 23 JURY DEMAND: ~ Yes n No

DATE SIGNATURE OF ATTORNEY OF RECORD

RECEIPT AMOUNT APPLYING IFP JUDGE MAG. JUDGE

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

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