1 X-PATENTS, APC JONATHAN HANGARTNER, Cal. Bar No. 196268 2 5670 La Jolla Blvd.

3 La Jolla, CA 92037 Telephone: 858-454-4313 4 Facsimile: 858-454-4314 jon@x-patents.com 5 6 Attorneys for Plaintiff Ivera Medical Corporation 7 8 9 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

11 IVERA MEDICAL CORPORATION, 12 13 14 15 16 17 18 19 20

Case No.

'13 CV2147 JAH BLM

Plaintiff, COMPLAINT v. COVIDIEN PLC, Defendant. JURY TRIAL DEMANDED

Plaintiff Ivera Medical Corporation (Ivera) for its Complaint against Defendant

21 Covidien PLC (Covidien) avers as follows: 22 23 24 Carlsbad, California. 25 2. Defendant Covidien is a company with its worldwide headquarters located at 15 26 Hampshire Street, Mansfield, Massachusetts, 02048. 27 28 1
Complaint

PARTIES 1. Plaintiff Ivera is a California corporation with its principal place of business in

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JURISDICTION AND VENUE 3. This is a civil action for patent infringement arising under the patent laws of the

3 United States of America, 35 U.S.C. 1, et. seq. 4 4. This Court has jurisdiction over the subject matter of the Complaint pursuant to

5 28 U.S.C. 1331 & 1338. 6 5. This Court has personal jurisdiction over Covidien because the company has a

7 continuous, systematic, and substantial presence in the State of California and within this 8 judicial district, including without limitation offices in Carlsbad, California. 9 10 11 7. 6. Venue is proper under 28 U.S.C. 1391(b)(3) and 1400. BACKGROUND Ivera manufactures, markets, and sells the Curos Port Protector, a device

12 that disinfects and protects the entry port on certain types of valves used with intravenous 13 lines to help reduce bloodstream infections in hospital patients. 14 8. On August 24, 2010, United States Patent No. 7,780,794 B2 (the 794

15 patent), on an invention entitled Medical Implement Cleaning Device, was duly and 16 legally issued by the United States Patent and Trademark Office. A copy of the 794 17 patent is attached hereto as Exhibit A. 18 9. The 794 patent has been in force and effect since its issuance. Ivera has

19 been at all times, and still is, the owner of the entire right, title and interest in and to the 20 794 patent. 21 10. On July 26, 2011, United States Patent No. 7,985,302 B2 (the 302 patent),

22 on an invention entitled Medical Implement Cleaning Device, was duly and legally 23 issued by the United States Patent and Trademark Office. A copy of the 302 patent is 24 attached hereto as Exhibit B. 25 11. The 302 patent has been in force and effect since its issuance. Ivera has

26 been at all times, and still is, the owner of the entire right, title and interest in and to the 27 302 patent. 28 -2Complaint

12.

On June 26, 2012, United States Patent No. 8,206,514 (the 514 patent), on

2 an invention entitled Medical Implement Cleaning Device, was duly and legally issued 3 by the United States Patent and Trademark Office. A copy of the 514 patent is attached 4 hereto as Exhibit C. 5 13. The 514 patent has been in force and effect since its issuance. Ivera has

6 been at all times, and still is, the owner of the entire right, title and interest in and to the 7 514 patent. 8 14. Covidien uses, sells, and/or offers to sell throughout the United States

9 disinfecting cap products it refers to as the Kendall Disinfectant Cap Family, including 10 without limitation the Kendall Disinfectant Cap, the Kendall Disinfectant Cap Pouch, 11 and the Kendall Flush with Removable Disinfectant Cap (collectively referred to has the 12 Kendall Disinfectant Cap Products). 13 15. The Kendall Disinfectant Cap Products infringe one or more claims in the

14 794 patent in the United States within the meaning of 35 U.S.C. 271. 15 16. The Kendall Disinfectant Cap Products infringe one or more claims in the

16 302 patent in the United States within the meaning of 35 U.S.C. 271. 17 17. The Kendall Disinfectant Cap Products infringe one or more claims in the

18 514 patent in the United States within the meaning of 35 U.S.C. 271. 19 20 21 18. FIRST CAUSE OF ACTION (INFRINGEMENT OF THE 794 PATENT) Ivera realleges and incorporates the previous paragraphs of this Complaint as

22 though fully set forth herein. 23 19. Covidien has used, offered for sale, sold, and/or imported into the United

24 States products, including at least the Kendall Disinfectant Cap Products, which literally 25 and under the doctrine of equivalents infringe one or more claims of the 794 patent in 26 violation of 35 U.S.C. 271. 27 28 -3Complaint

20.

Ivera has been damaged and has suffered irreparable injury due to acts of

2 infringement by Covidien and will continue to suffer irreparable injury unless Covidiens 3 activities are enjoined. 4 21. Ivera has suffered and will continue to suffer substantial damages by reason

5 of Covidiens acts of patent infringement alleged above, and Ivera is entitled to recover 6 from Covidien the damages sustained as a result of Covidiens acts. 7 8 9 22. SECOND CAUSE OF ACTION (INFRINGEMENT OF THE 302 PATENT) Ivera realleges and incorporates the previous paragraphs of this Complaint as

10 though set forth in full herein. 11 23. Covidien has used, offered for sale, sold, and/or imported into the United

12 States products, including at least the Kendall Disinfectant Cap Products, which literally 13 and under the doctrine of equivalents infringes one or more claims of the 302 patent in 14 violation of 35 U.S.C. 271. 15 24. Ivera has been damaged and has suffered irreparable injury due to acts of

16 infringement by Covidien and will continue to suffer irreparable injury unless Covidiens 17 activities are enjoined. 18 25. Ivera has suffered and will continue to suffer substantial damages by reason

19 of Covidiens acts of patent infringement alleged above, and Ivera is entitled to recover 20 from Covidien the damages sustained as a result of Covidiens acts. 21 22 23 26. THIRD CAUSE OF ACTION (INFRINGEMENT OF THE 514 PATENT) Ivera realleges and incorporates the previous paragraphs of this Complaint as

24 though set forth in full herein. 25 27. Covidien has used, offered for sale, sold, and/or imported into the United

26 States products, including at least the Kendall Disinfectant Cap Products, which literally 27 28 -4Complaint

1 and under the doctrine of equivalents infringes one or more claims of the 514 patent in 2 violation of 35 U.S.C. 271. 3 28. Ivera has been damaged and has suffered irreparable injury due to acts of

4 infringement by Covidien and will continue to suffer irreparable injury unless Covidiens 5 activities are enjoined. 6 29. Ivera has suffered and will continue to suffer substantial damages by reason

7 of Covidiens acts of patent infringement alleged above, and Ivera is entitled to recover 8 from Covidien the damages sustained as a result of Covidiens acts. 9 10 11 PRAYER FOR RELIEF WHEREFORE, Ivera prays that judgment be entered by this Court in its favor and

12 against Covidien as follows: 13 14 A. B. That Covidien has infringed the 794, 302, and 514 patents; Permanently enjoining and restraining Covidien, its agents, affiliates,

15 subsidiaries, servants, employees, officers, directors, attorneys and those persons in active 16 concert with or controlled by Covidien from further infringing the 794, 302, and 514 17 patents; 18 C. For an award of damages adequate to compensate Ivera for the damages it

19 has suffered as a result of Covidiens conduct, including pre-judgment interest; 20 D. That Covidien be directed to withdraw from distribution all infringing

21 products, whether in the possession of Covidien or its distributors or resellers, and that all 22 infringing products or materials be impounded or destroyed; 23 24 E. F. For monetary damages in an amount according to proof; For interest on said damages at the legal rate from and after the date such

25 damages were incurred; 26 27 costs; 28 -5Complaint

G.

That this is an exceptional case and for an award of Iveras attorney fees and

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H.

For such other relief as the Court may deem just and proper.

DEMAND FOR JURY TRIAL Plaintiff Ivera hereby demands a jury trial as to all issues that are so triable.

6 Dated: September 12, 2013 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

X-PATENTS, APC

By:

s/ Jonathan Hangartner JONATHAN HANGARTNER Attorneys for Plaintiff Ivera Medical Corporation

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Complaint