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MEDIDEA, LLC )
a Michigan Limited Liability Company )
)
Plaintiff, )
)
v. ) Case No. 2:09-CV-258
)
ZIMMER HOLDINGS, INC.; ) TRIAL BY mRY DEMANDED
a Delaware Company; ZIMMER, INC.; )
a Delaware Company; and ZIMMER US, )
INC.; a Delaware Company )
)
Defendants. )
Defendants, ZIMMER HOLDINGS, INC.; ZIMMER, INC.; and ZIMMER US, INC. as follows:
I.
The Parties
with its principal place of business at 911 NW Loop 281, Suite 211-38, Longview, Texas 75604.
company established under the laws of Delaware, with its principal place of business at 1800
West Center Street, Warsaw, Indiana 46581, and is doing business in this judicial district and is
engaged in the business of selling femoral prosthesis' used by orthopedic surgeons, from which
INC., and is, on information and belief, a company established under the laws of Delaware, with
case 3:10-cv-00283-JVB-CAN document 1 filed 08/26/09 page 2 of 7
its principal place of business at 1800 West Center Street, Warsaw, Indiana 46581, and is doing
business in this judicial district and is engaged in the business of selling femoral prosthesis' used
INC., and is, on information and belief, a company established under the laws of Delaware, with
its principal place of business at 1800 West Center Street, Warsaw, Indiana 46581, and is doing
business in this judicial district and is engaged in the business of selling femoral prosthesis' used
HOLDINGS, INC.; ZIMMER, INC.; and ZIMMER US, INC. are hereafter collectively referred
to as "ZIMMER".
II.
5. This Court has jurisdiction over the subject matter of this action under 28
US.C. "1331 and 1338(a) because this action arises under the Patent Laws of the United
, 1391(b) and (c) because a substantial part of the events giving rise to these claims occurred in
this District, MEDIDEA maintains a principle place of business in this district, and ZIMMER IS
III.
"'350 Patent"). A True and correct copy of the Patent as issued is attached hereto as Exhibit A.
"'225 Patent"). A True and correct copy of the Patent as issued is attached hereto as Exhibit B.
9. The '350 Patent and the '225 Patent (collectively "the Hip Patents") are
the result of pioneering research and development conducted in the field, among other areas, of
proximal femoral prosthesis. The inventions disclosed by the Hip Patents have been
incorporated by ZIMMER into its product lines, such as, for example, in its MIL Taper Hip
10. It has been reported by ZIMMER that it generated over $1 billion dollars
11. ZIMMER has been infringing the Hip Patents by selling femoral
prosthesis' with structures that are covered by and claimed in the Hip Patents in violation of35
12. ZIMMER, with actual knowledge of the Hip Patents, with knowledge of
their infringement and without lawful justification, has willfully and deliberately infringed the
Hip Patents.
case 3:10-cv-00283-JVB-CAN document 1 filed 08/26/09 page 4 of 7
IV.
13. MEDIDEA is the owner of United States Patent Number 6,267,785 ("the
'785 Patent"). A True and correct copy of the Patent as issued is attached hereto as Exhibit C.
14. MEDIDEA is the owner of United States Patent Number 6,379,391 ("the
'391 Patent"). A True and correct copy of the Patent as issued is attached hereto as Exhibit D.
15. MEDIDEA is the owner of United States Patent Number 6,398,812 ("the
'812 Patent"). A True and correct copy of the Patent as issued is attached hereto as Exhibit E
16. MEDIDEA is the owner of United States Patent Number 6,821,300 ("the
'300 Patent"). A True and correct copy of the Patent as issued is attached hereto as Exhibit F.
17. MEDIDEA is the owner of United States Patent Number 7,229,478 ("the
,478 Patent"). A True and correct copy of the Patent as issued is attached hereto as Exhibit G.
18. The "785 Patent, the '391 Patent, the '812 Patent, the '300 Patent, and the
'478 Patent (collectively "the Shoulder Patents") are the result of pioneering research and
development conducted in the field, among other areas, of the proper position of a prosthetic
shoulder implant. The inventions disclosed by the Shoulder Patents have been incorporated by
ZIMMER into its product lines, such as, for example, in its Anatomical Shoulder Fracture
System.
19. It has been reported by ZIMMER that it has generated substantial revenue
20. ZIMMER has been infringing the Shoulder Patents by selling shoulder
prosthesis' with structures that are covered by and claimed in the Shoulder Patents in violation of
knowledge of their infringement and without lawful justification, has willfully and deliberately
v.
Relief
(a) for the entry of judgment holding that the Hip Patents and the Shoulder
Patents are good and valid in law, and to have been willfully and deliberately infringed by the
Defendants;
(c) for a judgment that this cause is "exceptional" in the sense of 35 U.S.C.
285 and that MEDIDEA is entitled to an award of its reasonable attorneys' fees in the
past infringement of the Hip Patents and the Shoulder Patents by the Defendants, together with
interest and costs as fixed by the Court, such damages to be trebled because of the willful and
(e) such other relief as the Court deems proper and just.
case 3:10-cv-00283-JVB-CAN document 1 filed 08/26/09 page 6 of 7
VI.
Pursuant to Federal Rules of Civil Procedure Rule 38, Plaintiff MedIdea hereby demands
OF COUNSEL:
Joseph M. Vanek
IL State Bar No. 6197046
Thomas A. Vickers
IL State Bar No. 6226288
Jeffrey R. Moran
IL State Bar No. 6283573
VANEK, VICKERS & MASINI, P.C.
III S. Wacker Drive, Suite 4050
Chicago, Illinois 60606
Telephone: (312) 224-1500
Facsimile: (312) 224-1510
E-mail: jvanek@vaneklaw.com
E-mail: tvickers@vaneklaw.com
E-mail: jmoran@vaneklaw.com
case 3:10-cv-00283-JVB-CAN document 1 filed 08/26/09 page 7 of 7
Eugene M. Cummings
IL State Bar No. 556394
David M. Mundt
IL State Bar No. 6243545
Martin Goering
IL State Bar No. 6286254
Konrad V. Sherinian
IL State Bar No. 6290749
THE LAW OFFICES OF
EUGENE M. CUMMINGS, P.C.
One North Wacker Drive, Suite 4130
Chicago, Illinois 60606
Telephone: (312) 984-0144
Facsimile: (312) 984-0146
E-mail: ecummings@emcpc.com
E-mail: dmundt@emcpc.com
E-mail: mgoering@emcpc.com
E-mail: ksherinian@emcpc.com
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN US PLAINTIFF CASES) (IN U,S, PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED,
(c) Attorney's (Firm Name, Address. and TeleJ2QoneNumber) Attorneys (If Known)
S. Calvin Capshaw, Capshaw DeKieux, LLP,
1127 Judson Road, Suite 220, Longview, TX 75601
903 236-9800
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)
o 1 U.S. Governmeut l!!I 3 Federal Question PTF DEF PTF DEF
Plaintiff (US Government Not a Party) Citizen of This State 0 1 0 1 Incorporated or Principal Place 0 4 0 4
of Business In This State
o2 U.S. Governmeut o 4 Diversity Citizen of Another State o 2 o 2 Incorporated and Principal Place
Defendant of Business In Another State
(Indicate Citizenship of Parties in Item III)
o 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 610 Agriculture 0 422 Appeal 28 USC 158 0 400 State Reapportionment
o 120 Marine 0 310 Airplane 0 362 Personal Injury - 0 620 Other Food & Drug 0 423 Withdrawal 0 410 Antitrust
o 130 Miller Act 0 315 Airplane Product Med. Malpractice 0 625 Drug Related Seizure 28 USC 157 0 430 Banks and Banking
o 140 Negotiable Instrument Liability 0 365 Personal Injury - of Property 21 USC 881 0 450 Commerce
o 150 Recovery of Overpayment 0 320 Assault. Libel & Product Liability 0 630 Liquor Laws b=P~R~O~P~E;;'R;';-';T~Y';"'/RI='
G~:'":'H;;:T;::S';""
=""""10 460 Deportation
& EnforcementofIudgment Slander 0 368 Asbestos Personal 0 640 RR, & Truck 0 820 Copyrights 0 470 Racketeer Inl1uenced and
o 151 Medicare Act 0 330 Federal Employers' Injury Product 0 650 Airline Regs, l!!I 830 Patent Corrupt Organizations
o 152 Recovery of Defaulted Liability Liability 0 660 Occupational 0 840 Trademark 0 480 Consumer Credit
Student Loans 0 340 Marine PERSONAL PROPERTY Safety/Health 0 490 Cable/Sat TV
(Excl. Veterans) 0 345 Marine Product 0 370 Other Fraud n 690 Other n 810 Selective Service
o 153 Recovery of Overpayment
of Veteran' s Benefits 0
Liability
350 Motor Vehicle
0 371 Truth in Lending
0 380 Other Personal
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0 710 Fair Labor Standards 0 861 HIA (l395l1)
850 Securities/Commodities
Exchange
o 160 Stockholders' Suits 0 355 Motor Vehicle Property Damage Act 0 862 Black Lung (923) 0 875 Customer Challenge
o 190 Other Contract Product Liability 0 385 Property Damage 0 720 Labor/Mgmt. Relations 0 863 DIWClDIWW (405(g» 12 USC 3410
o 195 Contract Product Liability 0 360 Other Personal Product Liability 0 730 Labor/Mgmt.Reporting 0 864 ssm Title XVI 0 890 Other Statutory Actions
o 196 Franchise Injury & Disclosure Act 0 865 RSI (405(g» 0 891 Agricultural Acts
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740 Railway Labor Act F"":'FE"'
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892 Economic Stabilization Act
o 210 Land Condemnation 0 441 Voting 0 510 Motions to Vacate 0 790 Other Labor Litigation 0 870 Taxes (US Plaintiff 0 893 Environmental Matters
o 220 Foreclosure 0 442 Employment Sentence 0 791 Empl, Ret Inc, or Defendant) 0 894 Energv Allocation Act
o 230 Rent Lease & Ejectment 0 443 Housing Habeas Corpus: Security Act 0 871 IRS-Third Party 0 895 Freedom ofInformation
o 240 Torts to Land Accommodations 0 530 General 26 USC 7609 Act
o 245 Tort Product Liability 0 444 Wel±:lre 0 535 Death Penalty 0 900Appeal of Fee Determination
o 290 All Other Real Property 0 445 Amer. w.Disabilities - 0 540 Mandamus & Other 0 462 Naturalization Application Under Equal Access
Emplovment 0 550 Civil Rights 0 463 Habeas Corpus - to Justice
o 446 Amer. w.Disabilities - 0 555 Prison Condition Alien Detainee 0 950 Constitutionality of
Other 0 465 Other Immigration State Statutes
o 440 Other Civil Rights Actions
08/26/2009
08/26/2009 /s/ S. Calvin Capshaw
FOR OFFICE USE ONLY