Case 1:12-cv-00274-LPS Document 1 Filed 03/06/12 Page 1 of 4 PageID #: 1
`Case 1:12—cv—OO274—LPS Document 1 Filed 03/06/12 Page 1 of 4 Page|D #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`ENZO LIFE SCIENCES, INC.
`
`Plaintiff,
`
`V.
`
`Civil Action No.
`
`JURY TRIAL DEMANDED
`
`ABBOTT LABORATORIES; and
`ABBOTT MOLECULAR INC.
`
`Defendants.
`
`COMPLAINT
`
`Plaintiff Enzo Life Sciences, Inc. (“Enzo”), for its Complaint against Defendants
`
`Abbott Laboratories (“Abbott Labs”) and Abbott Molecular Inc. (“Abbott Molecular”)
`
`(collectively “Abbott”), hereby alleges as follows:
`
`PARTIES
`
`1.
`
`Plaintiff Enzo is a New York corporation with its principal place of business at 10
`
`Executive Boulevard, Farmingdale, NY 11735.
`
`2.
`
`Defendant Abbott Labs is an Illinois corporation with its principal place of
`
`business at 100 Abbott Park Road, Abbott Park, Illinois 60064.
`
`3.
`
`Defendant Abbott Molecular is a Delaware corporation with its principal place of
`
`business at 1300 E. Touhy Avenue, Des Plaines, IL 60018. Abbott Molecular is a wholly
`
`owned subsidiary of Abbott Labs.
`
`NATURE OF THE ACTION
`
`4.
`
`This is a civil action for infringement of United States Patent No. 6,992,180 (“the
`
`’180 Patent”) under the Patent Laws of the United States, 35 U.S.C. § 1 et seq.
`
`

`
`Case 1:12-cv-00274-LPS Document 1 Filed 03/06/12 Page 2 of 4 PageID #: 2
`Case 1:12—cv—OO274—LPS Document 1 Filed 03/06/12 Page 2 of 4 Page|D #: 2
`
`JURISDICTION AND VENUE
`
`5.
`
`This Court has jurisdiction over the subject matter of this action pursuant to 28
`
`U.S.C. §§ 1331 and l338(a).
`
`6.
`
`This Court has personal jurisdiction over Abbott because, among other things,
`
`Abbott has committed, aided, abetted, contributed to, and/or participated in the commission of
`
`patent infringement in this judicial district and elsewhere that led to foreseeable harm and injury
`
`to Enzo. Moreover, Abbott Molecular is a Delaware corporation which, having availed itself of
`
`Delaware’s corporate laws, is subject to personal jurisdiction in Delaware.
`
`7.
`
`This Court also has personal jurisdiction over Abbott because, among other
`
`things, Abbott has established minimum contacts within the forum such that the exercise of
`
`jurisdiction over Abbott will not offend traditional notions of fair play and substantial justice.
`
`Moreover, Abbott has placed products that practice the claimed inventions of the ’ 180 Patent
`
`into the stream of commerce with the reasonable expectation and/or knowledge that purchasers
`
`and users of such products were located within this District. Abbott has sold, advertised,
`
`marketed, and distributed products in this District that practice the claimed inventions of the ’180
`
`Patent.
`
`8.
`
`Venue is proper in this district pursuant to 28 U.S.C. §§ 1391 and l400(b).
`
`The Patent-In-Suit
`
`9.
`
`United States Patent No. 6,992,180, entitled “Oligo— Or Polynucleotides
`
`Comprising Phosphate-Moiety Labeled Nucleotides,” was duly and legally issued by the United
`
`States Patent and Trademark Office on January 31, 2006. A copy of the ’180 Patent is attached
`
`hereto as Exhibit A.
`
`10.
`
`Enzo is the assignee of the ’180 Patent and has the right to sue and recover
`
`damages for any current or past infringement of the ’ 180 Patent.
`
`COUNT I
`
`Infringement Of The ’180 Patent
`
`11.
`
`Paragraphs 1 through 10 are incorporated by reference as if fully stated herein.
`
`2
`
`

`
`Case 1:12-cv-00274-LPS Document 1 Filed 03/06/12 Page 3 of 4 PageID #: 3
`Case 1:12—cv—OO274—LPS Document 1 Filed 03/06/12 Page 3 of 4 Page|D #: 3
`
`12.
`
`Abbott, either alone or in conjunction with others, has infringed and continues to
`
`infringe, one or more claims of the ’180 Patent under 35 U.S.C. § 271, either literally and/or
`
`under the doctrine of equivalents, by making, using, offering to sell, selling and/or importing into
`
`the United States certain nucleic acid probe products, including without limitation products
`
`involving TaqMan® probes, for example and without limitation, RealTime HBV assays.
`
`13.
`
`Enzo has been and continues to be damaged by Abbott’s infringement of the ’ 180
`
`Patent.
`
`14.
`
`Abbott’s conduct in infringing the ’ 1 80 Patent renders this case exceptional
`
`within the meaning of35 U.S.C. § 285.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Enzo respectfully requests that this Court enter _judgment against Abbott
`
`as follows:
`
`A.
`
`B.
`
`That Abbott has infringed the ’ 1 80 Patent;
`
`That Enzo be awarded damages adequate to compensate it for Abbott’s past
`
`infringement and any continuing or future infringement up until the date such judgment is
`
`entered, including interest, costs, and disbursements as justified under 35 U.S.C. § 284 and, if
`
`necessary to adequately compensate Enzo for Abbott’s infringement, an accounting;
`
`C.
`
`That this case be declared an exceptional case within the meaning of 35 U.S.C. §
`
`285;
`
`D.
`
`A preliminary and permanent injunction preventing Abbott, and those in active
`
`concert or participation with Abbott, from directly infringing the ’ 1 80 Patent;
`
`E.
`
`A judgment requiring that, in the event a permanent injunction preventing future
`
`acts of infringement is not granted, Enzo be awarded a compulsory ongoing licensing fee; and
`
`F.
`
`That Enzo be awarded such other and further relief at law or equity as this Court
`
`deems just and proper.
`
`

`
`Case 1:12-cv-00274-LPS Document 1 Filed 03/06/12 Page 4 of 4 PageID #: 4
`Case 1:12—cv—OO274—LPS Document 1 Filed 03/06/12 Page 4 of 4 Page|D #: 4
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff Enzo hereby demands a trial by jury on all claims and issues so triable.
`
`Dated: March 6, 2012
`
`Respectfully submitted,
`
`FARNAN LLP
`
`[S/Brian E. Faman
`Brian E. Farnan (Bar No. 4089)
`919 North Market Street, 12”‘ Floor
`Wilmington, DE 19801
`(302) 777-0300
`(302) 777-0301
`bfarnan@faman1aw.c0m
`
`Counselfor Plaintiff
`
`Of Counsel:
`John M. Desmarais
`
`Michael P. Stadnick
`
`Xiao Li
`
`Joseph C. Akalski
`DESMARAIS LLP
`
`230 Park Avenue
`
`New York, NY 10169
`(212) 351-3400 (Tel)
`(212) 351-3401 (Fax)
`jdesmarais@desmaraisllp.com
`mstadnick@desmaraisllp.com
`xli@desmaraisllp.com
`jaka1ski@desmaraisllp.com