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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

Andrew F. Halaby (#017251) ahalaby@swlaw.com Ahron D. Cohen (#028602) acohen@swlaw.com SNELL & WILMER L.L.P. One Arizona Center 400 E. Van Buren Phoenix, AZ 85004-2202 Telephone: (602) 382-6000 Fax: (602) 382-6070 James W. Poradek (Minn. No. 290488) (motion for pro hac vice to be filed) james.poradek@FaegreBD.com Christopher J. Burrell (Minn. No. 386475) (motion for pro hac vice to be filed) christopher.burrell@FaegreBD.com Kevin P. Wagner (Minn. No. 34008X) (motion for pro hac vice to be filed) kevin.wagner@FaegreBD.com Katherine S. Razavi (Minn. No. 388958) (motion for pro hac vice to be filed) kate.razavi@FaegreBD.com Lucas J. Tomsich (Minn. No. 390548) (motion for pro hac vice to be filed) lucas.tomsich@FaegreBD.com FAEGRE BAKER DANIELS LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402-3901 Telephone: (612) 766-7000 Fax: (612) 766-1600 Attorneys for Plaintiff W.L. Gore & Associates, Inc. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA W. L. Gore & Associates, Inc., No. Plaintiff, COMPLAINT v. JURY TRIAL DEMANDED Atrium Medical Corp., Defendant. Plaintiff W. L. Gore & Associates, Inc. (Gore), for its Complaint against Defendant Atrium Medical Corporation (Atrium) alleges as follows:

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

Nature of the Action 1. This is an action for patent infringement under 35 U.S.C. 271. The Parties 2. Gore is a leading manufacturer of thousands of advanced technology

products for the electronics, industrial, fabrics and medical markets. The Gore Medical Products Division provides creative solutions to complex medical problems. Gore

Medical provides such products as vascular stent-grafts, vascular grafts, interventional devices, surgical meshes, and sutures for use in a broad range of vascular, cardiac, surgical and orthopedic procedures. With more than 30 million implants, these devices have been saving and improving the quality of lives worldwide for more than 35 years. Gore is a corporation organized and existing under the laws of the State of Delaware, with a principal place of business in Newark, Delaware. The Gore Medical Products Division is based in Gores offices in Phoenix, Arizona and Flagstaff, Arizona. 3. Defendant Atrium Medical Corporation (Atrium) is a Delaware

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corporation with a principal place of business in Hudson, New Hampshire. Atrium manufactures and sells certain medical products in the United States and abroad. Jurisdiction and Venue 4. This action arises under the patent laws of the United States of America, 35

U.S.C. 1, et seq. 5. This Court has subject matter jurisdiction under the provisions of 28 U.S.C.

1331 and 1338(a). 6. This Court has personal jurisdiction over Defendant Atrium. Atrium

continuously and systematically transacts business in the District of Arizona, including but not limited to, selling and offering to sell the accused products to customers in Arizona. For example, Atrium is currently selling and offering to sell the accused iCAST product in Flagstaff, Arizona. Atrium has also recently attended trade conferences in Arizona. Acts of infringement under the patents asserted in this litigation have occurred in Arizona, causing injury to Gore in Arizona.
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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

7. 1400(b).

Venue is proper in this Court pursuant to 28 U.S.C. 1391(b) and (c) and Atrium conducts substantial business in the District of Arizona and has

committed and continues to commit acts of infringement in this District. Background 8. On April 7, 1998, United States Patent No. 5,735,892 (the 892 patent),

entitled Intraluminal Stent Graft, was duly and legally issued by the United States Patent and Trademark Office. Plaintiff Gore is the owner by assignment of all right, title and interest in the 892 patent. A true and correct copy of the 892 patent is attached as Exhibit A to this Complaint. 9. On September 22, 1998, United States Patent No. 5,810,870 (the 870

patent), entitled Intraluminal Stent Graft, was duly and legally issued by the United States Patent and Trademark Office. Plaintiff Gore is the owner by assignment of all right, title and interest in the 870 patent. A true and correct copy of the 870 patent is attached as Exhibit B to this Complaint. 10. On April 15, 1997, United States Patent No. 5,620,763 (the 763 patent),

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entitled Thin-Wall, Seamless, Porous, Polytetrafluoroethylene Tube, was duly and legally issued by the United States Patent and Trademark Office. Plaintiff Gore is the owner by assignment of all right, title and interest in the 763 patent. A true and correct copy of the 763 patent is attached as Exhibit C to this Complaint. 11. least 2000. 12. Defendant Atrium makes, uses, sells, and offers for sale medical products Defendant Atrium has had knowledge of the 892 and870 patents since at

that are covered by the 892, 870, and 763 patents, including the iCAST Covered Stent, the Advanta V12 Covered Stent, and the Advanta V12 Large Diameter Covered Stent. 13. The Advanta V12 Covered Stent and the Advanta V12 Large Diameter

Covered Stent are manufactured by Atrium in the United States, and are identical in most, if not all, respects to the iCAST Covered Stent. The Advanta V12 Covered Stent and the Advanta V12 Large Diameter Covered Stent are not approved for use in the United
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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

States, but are approved for limited uses outside of the United States. 14. The iCAST Covered Stent is manufactured by Atrium in the United States

and has been approved by the FDA for a narrow category of uses in the United States, including specifically for the treatment of tracheobronchial strictures produced by malignant neoplasms. Recently, Atrium has taken steps to obtain FDA approval for additional uses of the iCAST Covered Stent, including specifically in the treatment of iliac arterial disease. In November 2011, Atriums Vice President of Marketing

Cardiovascular Intervention, Chad Carlton, was quoted in an industry publication as stating: Even though there are competitors in this space we think theres a huge opportunity for us in this market. See Omar Ford, Atrium Finalizes Patient Enrollment In iCarus Study, MEDICAL DEVICE DAILY (2011), http://www.medicaldevicedaily.com /servlet/com.accumedia.web.Dispatcher?next=bioWorldHeadlines_article&forceid=7339 6. Count One 15. herein. 16. Defendant Atrium is infringing the 870 patent by making, using, offering The allegations of paragraphs 1-14 are incorporated as if fully set forth

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to sell, selling, importing, and/or exporting covered stents including the iCAST Covered Stent, the Advanta V12 Covered Stent, and the Advanta V12 Large Diameter Covered Stent. 17. Atriums acts of infringement of the 870 patent have injured and damaged

Gore. Gore has suffered monetary damages as a result of Atriums infringement in an amount to be determined at trial. Gore has also suffered irreparable harm as a result of Atriums infringement and will continue to suffer irreparable harm unless Atrium is enjoined from infringing the 870 patent. 18. Atriums infringement of the 870 patent has been willful and will continue

to be willful, making this case exceptional and entitling Gore to increased damages and reasonable attorneys fees pursuant to 35 U.S.C. 284 and 285 of the patent statute.
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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

Count Two 19. herein. 20. Defendant Atrium is infringing the 892 patent by making, using, offering The allegations of paragraphs 1-20 are incorporated as if fully set forth

to sell, selling, importing, and/or exporting covered stents including the iCAST Covered Stent, the AdvantaV12 Covered Stent, and the Advanta V12 Large Diameter Covered Stent. 21. Atriums acts of infringement of the 892 patent have injured and damaged

Gore. Gore has suffered monetary damages as a result of Atriums infringement in an amount to be determined at trial. Gore has also suffered irreparable harm as a result of Atriums infringement and will continue to suffer irreparable harm unless Atrium is enjoined from infringing the 892 patent. 22. Atriums infringement of the 892 patent has been willful and will continue

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to be willful, making this case exceptional and entitling Gore to increased damages and reasonable attorneys fees pursuant to 35 U.S.C. 284 and 285 of the patent statute. Count Three 23. herein. 24. Defendant Atrium is infringing the 763 patent by making, using, offering The allegations of paragraphs 1-24 are incorporated as if fully set forth

to sell, selling, importing, and/or exporting covered stents including the iCAST Covered Stent, the AdvantaV12 Covered Stent, and the Advanta V12 Large Diameter Covered Stent. 25. Atriums acts of infringement of the 763 patent have injured and damaged

Gore. Gore has suffered monetary damages as a result of Atriums infringement in an amount to be determined at trial. Gore has also suffered irreparable harm as a result of Atriums infringement and will continue to suffer irreparable harm unless Atrium is enjoined from infringing the 763 patent. 26. Atriums continued infringement of the 763 patent will be willful, making
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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

this case exceptional and entitling Gore to increased damages and reasonable attorneys fees pursuant to 35 U.S.C. 284 and 285 of the patent statute. Prayer for Relief WHEREFORE, Plaintiff Gore respectfully requests the following relief: (a) judgment that Defendant Atrium has infringed the 870, 892, and 763

patents in violation of 35 U.S.C. 271(a); (b) a permanent injunction preventing Atrium and its officers, directors, agents,

servants, employees, attorneys, licensees, successors, assigns, and customers, and those in active concert or participation with any of them, from making, using, importing, exporting, selling, or offering to sell any devices or systems that infringe the 870, 892, and/or 763 patents; (c) judgment against Atrium for money damages sustained as a result of

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Atriums infringement of the 870, 892, and 763 patents; (d) judgment against Atrium for increased money damages pursuant to 35

U.S.C. 284 sustained as a result of Atriums willful infringement of the 892 patent, the 870 patent, and/or the 763 patent; (e) costs and reasonable attorneys fees incurred in connection with this action

pursuant to 35 U.S.C. 285; and (f) such other relief as this court finds just and proper. DEMAND FOR JURY TRIAL Gore demands a trial by jury of all issues triable of right by jury. DATED this 10th day of April, 2012. SNELL & WILMER L.L.P. By: s/Ahron D. Cohen Andrew F. Halaby (#017251) Ahron D. Cohen (#028602) One Arizona Center 400 E. Van Buren Phoenix, AZ 85004-2202

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

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James W. Poradek (Minn. No. 290488) (motion for pro hac vice to be filed) james.poradek@FaegreBD.com Christopher J. Burrell (Minn. No. 386475) (motion for pro hac vice to be filed) christopher.burrell@FaegreBD.com Kevin P. Wagner (Minn. No. 34008X) (motion for pro hac vice to be filed) kevin.wagner@FaegreBD.com Katherine S. Razavi (Minn. No. 388958) (motion for pro hac vice to be filed) kate.razavi@FaegreBD.com Lucas J. Tomsich (Minn. No. 390548) (motion for pro hac vice to be filed) lucas.tomsich@FaegreBD.com FAEGRE BAKER DANIELS LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402-3901 Telephone: (612) 766-7000 Fax: (612) 766-1600 Attorneys for Plaintiff W. L. Gore & Associates, Inc.

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