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Haemonetics Corp.,
FenwaL Inc.
Defendant.
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COMPLAINT FOR PATENT INFRINGEMENT
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Plaintiff Haemonetics Corp. ("Haemonetics"), by and through its undersigned attorneys,
brings this Complaint for Patent Infringement against Defendant Fenwal, Inc. ("Fenwal,,) and
I. This is an action for Patent Infringement brought under The Patent Act, 35 U ,S.C.
§ 271(a) el seq.
literally and/or under the Doctrine of Equivalents, one or more claims of U.S. Patent No.
6,705,983 (the "'983 Patent"); and (ii) Fenwal's infringement of the '983 Patent is willful, and in
THE PARTIES
under the laws of Delaware, having a principal place of business at Three Corporate Drive, Lake
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JURISDICTION AND VENUE
5. This action arises under the Patent Laws of the United States, 35 U.S.C. §§ 1 et
seq. Therefore, this Court has jurisdiction pursuant to at least 28 U.S.c. §§ 1331 and § 1338(a).
6. This Court has jurisdiction over Fenwal because it transacts business in this
judicial district and, by virtue of its actions and those of its agents, directly infringes or induces or
knowingly contributes to the infringement of the '983 Patent in this judicial district.
7. Venue is proper in this Court under the provisions of 28 U.S.c. § 1391 and
1400(b).
FACTUAL BACKGROUND
8. On March 16, 2004, the United States Patent and Trademark Office duly and
legally issued the '983 Patent, which is entitled "Compact Centrifuge Device and Use of
Same." The '983 Patent claims priority to an application for patent tiled on April 9, 1999
before the European Patent Office. A true and correct copy of the '983 Patent is attached
hereto as Exhibit A.
10. The '983 Patent is directed to, among other things, a centrifugal device for
11. On December 22, 2005, Haemonetics filed suit m this Court against Baxter
Healthcare Corp. ("Baxter") for infringement of the '983 Patent as a result of Baxter's
ongoing manufacture, use, promotion, offering to sell, and sales of its infringing AL YX
separation cups. Haemonetics' suit subsequently added Baxter's successor in interest, Fenwal, as
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includes a centrifugal device (or "separation cups") claimed by the '983 Patent. Baxter, and later
Fenwal, manufactured, used, promoted, offered for sale, and sold the infringing ALYX System
throughout the United States prior to and during the pendency of Haemonetics' suit.
13. On January 30, 2009, after a two week jury trial, this Court found that the
ALYX separation cup infringes Claim 16 of the '983 Patent and mvarded $15.7 million in
14. On June 1, 2009, this Court permanently enjoined Fenwal from infringing the
'983 Patent through the AL YX separation cups or any other blood component separation
D.L 329).
15. On June I, 2009, this Court further ordered Fenwal i:O pay a 10% royalty of its net
sales revenue to Haemonetics for the sale of each AL YX disposable kit (which contains the
infringing cup) on or after January 31, 2009 (C.Y. No.: 05-12575-NMG, DJ. 329; 336).
Fenwal issued a press release announcing that it has again begun shipping the infringing AL YX
separation cups disposable kits. A true and correct copy Fenwal's press release is attached
hereto as Exhibit B.
17. In its December 7 press release, Fenwal purports to have "modified the separation
chamber in its ALYX disposable kits in response to a legal judgmmt in a patent lawsuit brought
18. Fenwal's alleged modification relates to the "external dimensions" of the ALYX
disposable kits, and the purportedly modified kits still fall within the metes and bounds of one or
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19. Fenwal has publicly announced that with respect to the redesigned AL YX
separation cups, the "manner of functioning and procedures remain unchanged." See letter from
Fenwal to its customers, dated September 2009, attached at Tab C; an English translation of the
COUNT I
DECLARATION OF INF'RINGEMENT
21. On information and belief, Fenwal has and continues to infringe, contribute to the
infringement of, and/or induce others to infringe one or more claims of the '983 Patent by
making, selling, using, offering for sale, and/or importing into the United States products
embodying the patented invention without a license, including but not limited to its purportedly
22. Fenwal is liable for its continued infringement of the '983 Patent pursuant to 35
23. Fenwal's infringement of the '983 Patent through its purportedly modified AL YX
24. Fenwal will continue to infringe the '983 Patent through its purportedly modified
COUNT 11
25. Haemonetics incorporates the allegations of Paragraphs 1-24 above as if fully set
forth herein.
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26. By virtue of the prior proceedings before this Court 111 Civil Action No.: 05
27. Fenwal continues to willfully infringe the '983 Patent by making and selling its
JURY DEMAND
28. Haemonetics hereby demands a trial by jury of all issues which may be so tried.
C. That this case is exceptional and awarding Haemonetics its attorneys' fees and
kits.
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Dated this 14th day of December, 2009.
Respectfully submitted,
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James W. Matthews B130#: 560560
jwmatthews@sherin.com
Margaret H. Paget BBO#: 567679
mhpaget@sherin.com
SHERIN & LODGEN
ATTORNEY FOR PLAINTIFF
HAEMONETlCS, CORP,
101 Federal Street Boston, MA 021 10
Phone: (617) 646-2000
Fax: (212)646··2222
OF COUNSEL:
Deepro R. Mukerjee
deepro.mukerjee@alston.com
ALSTON & BIRD, LLP
90 Park Avenue
New York, NY 10016
Phone: (212) 210-9400
Fax: (212) 210-9444
Thomas 1. Parker
@alston.com
ALSTON & BIRD, LLP
90 Park Avenue
New York, NY 10016
Phone: (212) 210-9400
Fax: (212) 210-9444
Kamran Jivani
kamranjivani@alston.com
ALSTON & BIRD, LLP
1201 W. Peachtree Street
Atlanta, Georgia 30309
Phone: (404) 881-7000
Fax: (404) 881-7777
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