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GENERAL SCIENTIFIC
CORPORATION d/b/a SURGITEL, Case No. ______________
v.
Defendant.
alleges as follows:
based on Q-Optics’ willful infringement of U.S. Patent No. 9,465,235 (“the ’235
Patent”) (Exhibit A) and U.S. Design Patent No. D746,354 (“the ’354 Patent”)
THE PARTIES
2. SurgiTel is a corporation organized and existing under the laws of the
existing under the laws of the State of Texas with a principal place of business at
United States Code. This Court has subject matter jurisdiction over this action
Optics transacts and solicits business in the State of Michigan, including with respect
Optics is committing and has committed acts of patent infringement in the State of
Michigan, at least by selling and offering to sell TTL loupes that infringe the Patents-
in-Suit in Michigan.
1400 at least because Q-Optics has committed acts of infringement in this district,
including with respect to TTL loupes that infringe the Patents-in-Suit, and has a
Case 5:20-cv-13244-SJM-EAS ECF No. 1, PageID.3 Filed 12/10/20 Page 3 of 12
regular and established place of business in this district through the presence of a
COMMON ALLEGATIONS
7. Since 1932, SurgiTel and its predecessor in interest have been a leading
provider of loupes, headlights, and other optical accessories for medical and dental
practitioners.
constitutes the angle between a reference line connecting (i) the top of a user’s ears
to the corner of the user’s eyes and (ii) the optical axis of the loupe oculars. A
angle also constitute a unique, ornamental and aesthetic design that conveys to
11. SurgiTel has taken steps to protect its innovative designs, including its
ergonomic TTL loupe products. In particular, SurgiTel owns various United States
utility and design patents relating to its TTL loupes. Relevant to this dispute,
SurgiTel owns all right, title and interest in, and has the right to sue and recover for
made, used, offered for sale, sold, and/or imported into the United States TTL loupes
that violate the Patents-in-Suit (the “Infringing TTL Loupes”). The Infringing TTL
Loupes include at least products identified by the model names: Custom TTL Loupes
made with the TrueFit™ measurement system, Q Optic Mini TTL Loupes, as well
dental sales representative who has sold, and currently sells, TTL loupes from Q-
15. On information and belief, Mr. Matthews has sold products that
compete with SurigiTel’s products, including TTL loupes from Q-Optics that
16. On information and belief, Q-Optics sells and offers to sell its products,
including the Infringing TTL Loupes, to third-party retailers through its wholesale
distribution channel.
17. On information and belief, Q-Optics sells and offers to sell the
19. The Massachi Q-Optics Loupes include oculars disposed, in part, below
COUNT I
(Infringement of the ’235 Patent)
21. SurgiTel incorporates by reference and realleges each and every
improved declination angle,” and issued October 11, 2016. The application leading
to the ’235 Patent was filed November 26, 2014, claims priority to a U.S. provisional
design patent application filed January 30, 2014. A true and correct copy of the ’235
23. SurgiTel owns all substantial rights, interest, and title in and to the ’235
Patent, including the sole and exclusive right to prosecute this action and enforce the
’235 Patent against infringers, and to collect damages for all relevant times.
infringe one or more claims of the ’235 Patent in at least this District, either literally
importing, without limitation, at least the Infringing TTL Loupes, which infringe at
least claim 1 of the ’235 Patent as set forth in the claim chart included as Exhibit C
26. Q-Optics also has and continues to directly infringe, either literally or
by the doctrine of equivalents, at least claim 1 of the ’235 Patent by having its
Optics had actual knowledge of the ’235 Patent at least by April 23, 2019, which is
the date SurgiTel filed a complaint against Q-Optics for infringement of the related
’354 Patent in Case No. 2:19-cv-11181 in this District. Despite such actual
knowledge, Q-Optics continued to make, use, test, sell, offer for sale, market, and/or
import in the United States, products that infringe the ’235 Patent.
28. On information and belief, Defendant has also continued to sell the
Infringing TTL Loupes and distribute product literature inducing end users and
others to use its products in the customary and intended manner that infringes the
’235 Patent.
intentionally has been and continues to induce infringement of the ’235 Patent, either
its customers for use in a manner that infringes at least claim 1 of the ’235 Patent.
COUNT II
(Infringement of the ’354 Patent)
30. SurgiTel incorporates by reference and realleges each and every
declination angle,” and issued December 29, 2015. The application leading to the
’354 Patent was filed January 30, 2014. A true and correct copy of the ’354 Patent
32. SurgiTel owns all substantial rights, interest, and title in and to the ’354
Patent, including the sole and exclusive right to prosecute this action and enforce the
’354 Patent against infringers, and to collect damages for all relevant times.
infringe the ’354 Patent in at least this District by making, using, offering to sell,
selling and/or importing, without limitation, at least the Infringing TTL Loupes,
which an ordinary observer would perceive to have an overall appearance and design
2 from the ’354 Patent with an exemplary image of the Infringing TTL Loupes.
36. Q-Optics also has and continues to directly infringe the designs of the
’354 Patent by having its employees internally test and use the Infringing TTL
Case 5:20-cv-13244-SJM-EAS ECF No. 1, PageID.9 Filed 12/10/20 Page 9 of 12
Loupes.
Optics had actual knowledge of the ’354 Patent at least by April 23, 2019, which is
the date SurgiTel filed a complaint against Q-Optics for infringement of the ’354
Patent in Case No. 2:19-cv-11181 in this District. Despite such actual knowledge,
Q-Optics continued to make, use, test, sell, offer for sale, market, and/or import in
38. On information and belief, Defendant has also continued to sell the
Infringing TTL Loupes and distribute product literature inducing end users and
others to use its products in the customary and intended manner that infringes the
’354 Patent.
intentionally has been and continues to induce infringement of the ’354 Patent by
selling the Infringing TTL Loupes to its customers for use in a manner that infringes
41. Q-Optics, without authorization from SurgiTel, has made, used, offered
Case 5:20-cv-13244-SJM-EAS ECF No. 1, PageID.10 Filed 12/10/20 Page 10 of 12
for sale, sold, and/or imported in or into the United States, and continues to make,
use, offer for sale, sell, and/or import in or into the United States, TTL loupes that
following relief:
reasonable royalty) pursuant to 35 U.S.C. § 284, or the total profit made by Q-Optics
damages or profits for any continuing post-verdict infringement up until entry of the
284;
Case 5:20-cv-13244-SJM-EAS ECF No. 1, PageID.11 Filed 12/10/20 Page 11 of 12
U.S.C. § 285;
this action;
10. Such further and additional relief as this Court deems just and proper.
HONIGMAN LLP
Of Counsel:
GENERAL SCIENTIFIC
CORPORATION d/b/a SURGITEL, Case No. ______________
v.
Defendant.
INDEX OF EXHIBITS
EXHIBIT DESCRIPTION
A. U.S. Patent 9,465,235
EXHIBIT A
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Case 5:20-cv-13244-SJM-EAS ECF No. 1-2, PageID.23 Filed 12/10/20 Page 10 of 10
Case 5:20-cv-13244-SJM-EAS ECF No. 1-3, PageID.24 Filed 12/10/20 Page 1 of 4
EXHIBIT B
Case 5:20-cv-13244-SJM-EAS ECF No. 1-3, PageID.25 Filed 12/10/20 Page 2 of 4
Case 5:20-cv-13244-SJM-EAS ECF No. 1-3, PageID.26 Filed 12/10/20 Page 3 of 4
Case 5:20-cv-13244-SJM-EAS ECF No. 1-3, PageID.27 Filed 12/10/20 Page 4 of 4
Case 5:20-cv-13244-SJM-EAS ECF No. 1-4, PageID.28 Filed 12/10/20 Page 1 of 5
EXHIBIT C
Case 5:20-cv-13244-SJM-EAS ECF No. 1-4, PageID.29 Filed 12/10/20 Page 2 of 5
1
Although the Infringing TTL Loupes meet the limitations of the preamble of claim 1, SurgiTel does not take the position that the
preamble of claim 1 is limiting.
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As shown, the Infringing TTL Loupes include eyeglass frames with carrier lenses,
each carrier lens having a lower edge.
As shown, the Infringing TTL Loupes include a hole formed in each carrier lens,
each hole defining an outer edge that intersects with the lower edge of its respective
carrier lenses, such that each carrier lens has a gap devoid of lens material between
opposing spaced apart points of lens material oriented toward one another.
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As shown, the Infringing TTL Loupes include a pair of loupes, each having a body
cemented in a respective one of the holes, such that a portion of each loupe also
extends below the bottom edge of its respective carrier lens; and wherein each
loupe is cemented in position to achieve a desired declination angle.