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Complaint

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X-PATENTS, APC
JONATHAN HANGARTNER, Cal. Bar No. 196268
5670 La Jolla Blvd.
La Jolla, CA 92037
Telephone: 858-454-4313
Facsimile: 858-454-4314
jon@x-patents.com

Attorneys for Plaintiffs
Ivera Medical Corporation,
Robert F. Lake, Jr., and Jeffrey S. Tennant



UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

IVERA MEDICAL CORPORATION, a
company, ROBERT F. LAKE, JR., an
individual, and JEFFREY S. TENNANT,
an individual,

Plaintiffs,

v.

COVIDIEN PLC,

Defendant.

Case No.


COMPLAINT


JURY TRIAL DEMANDED





Plaintiffs Ivera Medical Corporation (Ivera), Robert F. Lake, Jr. (Lake),
and Jeffrey S. Tennant (Tennant), for their Complaint against Defendant Covidien
PLC (Covidien) aver as follows:
PARTIES
1. Plaintiff Ivera is a California corporation with its principal place of
business in Carlsbad, California. Plaintiffs Lake and Tennant are individuals
residing in the State of Florida.
'13CV2244 KSC BTM

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Complaint

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2. Defendant Covidien is a company with its worldwide headquarters
located at 15 Hampshire Street, Mansfield, Massachusetts, 02048.

JURISDICTION AND VENUE
3. This is a civil action for patent infringement arising under the patent
laws of the United States of America, 35 U.S.C. 1, et. seq.
4. This Court has jurisdiction over the subject matter of the Complaint
pursuant to 28 U.S.C. 1331 & 1338.
5. This Court has personal jurisdiction over Covidien because the
company has a continuous, systematic, and substantial presence in the State of
California and within this judicial district, including without limitation offices in
Carlsbad, California.
6. Venue is proper under 28 U.S.C. 1391(b)(3) and 1400.

BACKGROUND
7. On October 16, 2007, United States Patent No. 7,282,186 (the 186
patent), on an invention entitled Decontamination Device, was duly and legally
issued by the United States Patent and Trademark Office. A copy of the 186 patent
is attached hereto as Exhibit A.
8. Lake and Tennant are the named inventors and owners of the 186
patent. Ivera is the exclusive licensee of the 186 patent and has the authority to
enforce the 186 patent.
9. Covidien uses, sells, and/or offers to sell throughout the United States
disinfecting cap products it refers to as the Kendall Disinfectant Cap Family,
including without limitation the Kendall Disinfectant Cap, the Kendall
Disinfectant Cap Pouch, and the Kendall Flush with Removable Disinfectant Cap
(collectively referred to has the Kendall Disinfectant Cap Products).

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Complaint

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10. The Kendall Disinfectant Cap Products infringe one or more claims
in the 186 patent in the United States within the meaning of 35 U.S.C. 271.

FIRST CAUSE OF ACTION
(INFRINGEMENT OF THE 186 PATENT)
11. Plaintiffs reallege and incorporate the previous paragraphs of this
Complaint as though set forth in full herein.
12. Covidien has used, offered for sale, sold, and/or imported into the
United States products, including at least the Kendall Disinfectant Cap Products,
which literally and under the doctrine of equivalents infringe one or more claims of
the 186 patent in violation of 35 U.S.C. 271.
13. Plaintiffs have been damaged and have suffered irreparable injury due
to acts of infringement by Covidien and will continue to suffer irreparable injury
unless Covidiens activities are enjoined.
14. Plaintiffs have suffered and will continue to suffer substantial damages
by reason of Covidiens acts of patent infringement alleged above, and are entitled
to recover from Covidien the damages sustained as a result of Covidiens acts.

PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray that judgment be entered by this Court in their
favor and against Covidien as follows:
A. That Covidien has infringed the 186 patent;
B. Permanently enjoining and restraining Covidien, its agents, affiliates,
subsidiaries, servants, employees, officers, directors, attorneys and those persons in
active concert with or controlled by Covidien from further infringing the 186
patent;

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Complaint

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C. For an award of damages adequate to compensate Plaintiffs for the
damages they have suffered as a result of Covidiens conduct, including pre-
judgment interest;
D. That Covidien be directed to withdraw from distribution all infringing
products, whether in the possession of Covidien or its distributors or retailers, and
that all infringing products or materials be impounded or destroyed;
E. For monetary damages in an amount according to proof;
F. For interest on said damages at the legal rate from and after the date
such damages were incurred;
G. That this is an exceptional case and for an award of Plaintiffs attorney
fees and costs;
H. For such other relief as the Court may deem just and proper.

DEMAND FOR JURY TRIAL
Plaintiffs hereby demand a jury trial as to all issues that are so triable.


X-PATENTS, APC
By: /s/Jonathan Hangartner
Dated: September 19, 2013
JONATHAN HANGARTNER

Attorneys for Plaintiffs Ivera Medical
Corporation, Robert F. Lake, Jr., and Jeffrey S.
Tennant

JS 44 (Rev. 12/12)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the inIormation contained herein neither replace nor supplement the Iiling and service oI pleadings or other papers as required by law, except as
provided by local rules oI court. This Iorm, approved by the Judicial ConIerence oI the United States in September 1974, is required Ior the use oI the Clerk oI Court Ior the
purpose oI initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
(b) County oI Residence oI First Listed PlaintiII County oI Residence oI First Listed DeIendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
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)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
PlaintiII (U.S. Government Not a Party) Citizen oI This State u 1 u 1 Incorporated or Principal Place u 4 u 4
oI Business In This State
u 2 U.S. Government u 4 Diversity Citizen oI Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
DeIendant (Indicate Citizenship of Parties in Item III) oI Business In Another State
Citizen or Subject oI a u 3 u 3 Foreign Nation u 6 u 6
Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - oI Property 21 USC 881 u 423 Withdrawal u 400 State Reapportionment
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 u 410 Antitrust
u 140 Negotiable Instrument Liability u 367 Health Care/ u 430 Banks and Banking
u 150 Recovery oI Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 450 Commerce
& EnIorcement oI Judgment Slander Personal Injury u 820 Copyrights u 460 Deportation
u 151 Medicare Act u 330 Federal Employers` Product Liability u 830 Patent u 470 Racketeer InIluenced and
u 152 Recovery oI DeIaulted Liability u 368 Asbestos Personal u 840 Trademark Corrupt Organizations
Student Loans u 340 Marine Injury Product u 480 Consumer Credit
(Excludes Veterans) u 345 Marine Product Liability LABOR SOCIAL SECURITY u 490 Cable/Sat TV
u 153 Recovery oI Overpayment Liability PERSONAL PROPERTY u 710 Fair Labor Standards u 861 HIA (1395II) u 850 Securities/Commodities/
oI Veteran`s BeneIits u 350 Motor Vehicle u 370 Other Fraud Act u 862 Black Lung (923) Exchange
u 160 Stockholders` Suits u 355 Motor Vehicle u 371 Truth in Lending u 720 Labor/Management u 863 DIWC/DIWW (405(g)) u 890 Other Statutory Actions
u 190 Other Contract Product Liability u 380 Other Personal Relations u 864 SSID Title XVI u 891 Agricultural Acts
u 195 Contract Product Liability u 360 Other Personal Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 893 Environmental Matters
u 196 Franchise Injury u 385 Property Damage u 751 Family and Medical u 895 Freedom oI InIormation
u 362 Personal Injury - Product Liability Leave Act Act
Medical Malpractice u 790 Other Labor Litigation u 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 791 Employee Retirement FEDERAL TAX SUITS u 899 Administrative Procedure
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: Income Security Act u 870 Taxes (U.S. PlaintiII Act/Review or Appeal oI
u 220 Foreclosure u 441 Voting u 463 Alien Detainee or DeIendant) Agency Decision
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRSThird Party u 950 Constitutionality oI
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 State Statutes
u 245 Tort Product Liability Accommodations u 530 General
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions oI
ConIinement
V. ORIGIN (Place an X in One Box Only)
u 1 Original
Proceeding
u 2 Removed Irom
State Court
u 3 Remanded Irom
Appellate Court
u 4 Reinstated or
Reopened
u 5 TransIerred Irom
Another District
(specify)
u 6 Multidistrict
Litigation
VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are Iiling (Do not cite jurisdictional statutes unless diversity):

BrieI description oI cause:
VII. REQUESTED IN
COMPLAINT:
u CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
DEMAND $ CHECK YES only iI demanded in complaint:
JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
IF ANY
(See instructions):
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
IVERA MEDICAL CORPORATION, a company, ROBERT F. LAKE, JR.,
an individual, and JEFFREY S. TENNANT, an individual
San Diego
Jonathan Hangartner, Esq., X-PATENTS, APC
5670 La Jolla Blvd., La Jolla, CA 92037
Tel: (858) 454-4313
COVIDIEN, PLC
35 U.S.C. sec. 1, et seq.
Patent Infringement
Marilyn L. Huff; John A. Houston 13-cv-0465; 13-cv-02147
09/19/2013 s/ Jonathan Hangartner
'13CV2244 KSC BTM
; 35:145
JS 44 Reverse (Rev. 12/12)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the inIormation contained herein neither replaces nor supplements the Iilings and service oI pleading or other papers as
required by law, except as provided by local rules oI court. This Iorm, approved by the Judicial ConIerence oI the United States in September 1974, is
required Ior the use oI the Clerk oI Court Ior the purpose oI initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk oI
Court Ior each civil complaint Iiled. The attorney Iiling a case should complete the Iorm as Iollows:
I.(a) Plaintiffs-Defendants. Enter names (last, Iirst, middle initial) oI plaintiII and deIendant. II the plaintiII or deIendant is a government agency, use
only the Iull name or standard abbreviations. II the plaintiII or deIendant is an oIIicial within a government agency, identiIy Iirst the agency and
then the oIIicial, giving both name and title.
(b) County of Residence. For each civil case Iiled, except U.S. plaintiII cases, enter the name oI the county where the Iirst listed plaintiII resides at the
time oI Iiling. In U.S. plaintiII cases, enter the name oI the county in which the Iirst listed deIendant resides at the time oI Iiling. (NOTE: In land
condemnation cases, the county oI residence oI the "deIendant" is the location oI the tract oI land involved.)
(c) Attorneys. Enter the Iirm name, address, telephone number, and attorney oI record. II there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis oI jurisdiction is set Iorth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one oI the boxes. II there is more than one basis oI jurisdiction, precedence is given in the order shown below.
United States plaintiII. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and oIIicers oI the United States are included here.
United States deIendant. (2) When the plaintiII is suing the United States, its oIIicers or agencies, place an "X" in this box.
Federal question. (3) This reIers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution oI the United States, an amendment
to the Constitution, an act oI Congress or a treaty oI the United States. In cases where the U.S. is a party, the U.S. plaintiII or deIendant code takes
precedence, and box 1 or 2 should be marked.
Diversity oI citizenship. (4) This reIers to suits under 28 U.S.C. 1332, where parties are citizens oI diIIerent states. When Box 4 is checked, the
citizenship oI the diIIerent parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section oI the JS 44 is to be completed iI diversity oI citizenship was indicated above. Mark this
section Ior each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. II the nature oI suit cannot be determined, be sure the cause oI action, in Section VI below, is
suIIicient to enable the deputy clerk or the statistical clerk(s) in the Administrative OIIice to determine the nature oI suit. II the cause Iits more than
one nature oI suit, select the most deIinitive.
V. Origin. Place an "X" in one oI the six boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed Irom State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition Ior removal is granted, check this box.
Remanded Irom Appellate Court. (3) Check this box Ior cases remanded to the district court Ior Iurther action. Use the date oI remand as the Iiling
date.
Reinstated or Reopened. (4) Check this box Ior cases reinstated or reopened in the district court. Use the reopening date as the Iiling date.
TransIerred Irom Another District. (5) For cases transIerred under Title 28 U.S.C. Section 1404(a). Do not use this Ior within district transIers or
multidistrict litigation transIers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transIerred into the district under authority oI Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI. Cause of Action. Report the civil statute directly related to the cause oI action and give a brieI description oI the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 BrieI Description: Unauthorized reception oI cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box iI you are Iiling a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section oI the JS 44 is used to reIerence related pending cases, iI any. II there are related pending cases, insert the docket
numbers and the corresponding judge names Ior such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.