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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

Haemonetics Corp.,

Plaintiff, Case No.


v. .....=.

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

alleges as follows: MAGISTRATE JUDGE_&:;y.--.A0{

NATURE AND BASIS FOR ACTION

I. This is an action for Patent Infringement brought under The Patent Act, 35 U ,S.C.

§ 271(a) el seq.

2. Haemonetics requests judgments that: (i) Fenwal continues to infringe, either

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

light of this Court's earlier finding of infringement.

THE PARTIES

3. Haemonetics is a Massachusetts corporation having its principal place of

business at 400 Wood Rd., Braintree, MA, 02184.

4. Upon information and belief, Fenwal IS a corporation organized and existing

under the laws of Delaware, having a principal place of business at Three Corporate Drive, Lake

Zurich, lL 60047 and is doing business in this State and District.

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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.

9. Haemonetics is the assignee and owner of the '983 Patent.

10. The '983 Patent is directed to, among other things, a centrifugal device for

separating a liquid such as blood.

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

a party to the lawsuit, Civil Action No.: 05-12575-NMG.

12. The infringing AL YX System is a blood component collection system that

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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

damages to Haemonetics (C.Y. No.: 05-12575-NMG, OJ. 283).

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

chamber. This injunction is to commence December 1. 20 I 0 (C.Y. No.: 05-1257S-NMG,

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).

16. ~evertheless, in willful disregard of this Court's Order, on December 7, 2009,

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

against the company by Haemonetics Corporation."

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

more claims of the '983 Patent.

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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

letter is attached at Tab D.

COUNT I

DECLARATION OF INF'RINGEMENT

20. Haemonetics incorporates the allegations of Paragraphs 1 through 19 above as if

fully set forth herein.

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

modified AL YX System disposable kits.

22. Fenwal is liable for its continued infringement of the '983 Patent pursuant to 35

U.S.c. ~ 271(a), (b), (c) and/or (t).

23. Fenwal's infringement of the '983 Patent through its purportedly modified AL YX

separation cups disposable kits irreparably harms and damages Haemonetics.

24. Fenwal will continue to infringe the '983 Patent through its purportedly modified

ALYX separation cups disposable kits unless enjoined.

COUNT 11

DECLARATION OF \VILLFUL INFRINGEMENT

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

12575-NMG, Fenwal is aware it infringes the '983 Patent.

27. Fenwal continues to willfully infringe the '983 Patent by making and selling its

purportedly modified AL YX separation cups. Therefore, Haemonetics is entitled to an

enhancement of its damages pursuant to 35 U.S.c. § 284.

JURY DEMAND

28. Haemonetics hereby demands a trial by jury of all issues which may be so tried.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Haemonetics prays for judgment:

A. That Fenwal infringes U.S. Patent No. 6,705,983;

B. Awarding damages arising out of Fenwal's infringement of U.S. Patent No.

6,705,983, including enhanced damages pursuant to 35 U.S.C. § 284, together

with prejudgment and post-judgment interest, in an amount according to proof;

C. That this case is exceptional and awarding Haemonetics its attorneys' fees and

costs incurred in this action, pursuant to 35 U.S.c. § 285: and

D. Permentantly enjoining Fenwal's sales of its AL YX separation cups disposable

kits.

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Dated this 14th day of December, 2009.

Respectfully submitted,

/~~vl~
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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