throbber
Case 2:13-cv-00349-JRG Document 1 Filed 04/26/13 Page 1 of 12 PageID #: 1
`
`ROBERT BOSCH HEALTHCARE
`SYSTEMS, INC.,
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`Plaintiff
`
`v.
`
`CARDIOCOM, LLC, and ABBOTT
`DIABETES CARE, INC.,
`
`CIVIL ACTION NO. 2:13-cv-349
`
`JURY TRIAL DEMANDED
`
`Defendants.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Robert Bosch Healthcare Systems, Inc. (“Bosch”), by and through its
`
`undersigned counsel, hereby alleges as follows:
`
`PARTIES
`
`1.
`
`Plaintiff Bosch is a Michigan corporation with its principal place of business at
`
`2400 Geng Road, Suite 200, Palo Alto, California 94303.
`
`2.
`
`Defendant Cardiocom, LLC (“Cardiocom”) is a Minnesota corporation with its
`
`principal place of business at 7980 Century Boulevard, Chanhassen, Minnesota 55317.
`
`3.
`
`Defendant Abbott Diabetes Care, Inc. (“Abbott”) is a Delaware corporation with
`
`its principal place of business at 1360 South Loop Road, Alameda, California 94502.
`
`4.
`
`Abbott has been joined as a defendant in this action pursuant to Rule 19 of the
`
`Federal Rules of Civil Procedure because, after being invited to join voluntarily as co-plaintiff in
`
`prosecuting this action, Abbott has declined to do so. As an exclusive field of use licensee to
`
`Bosch’s patents being asserted herein, Abbott is jointly interested with Bosch in the relief sought
`
`and should be realigned by this Court as a plaintiff pursuant to Independent Wireless Telegraph
`
`
`
`

`

`Case 2:13-cv-00349-JRG Document 1 Filed 04/26/13 Page 2 of 12 PageID #: 2
`
`Co. v. Radio Corp. of America, 269 U.S. 459, 468 (1926). In the alternative, if Abbott is not
`
`subject to service of process in this District, Abbott should be joined by the Court as an
`
`involuntary plaintiff pursuant to Rule 19(a)(2). Joinder will not divest the Court of subject
`
`matter jurisdiction.
`
`JURISDICTION AND VENUE
`
`5.
`
`This is an action arising under the patent laws of the United States, Title 35 of the
`
`United States Code. This court has jurisdiction over the subject matter of this action pursuant to
`
`28 U.S.C. §§ 1331 and 1338(a). Venue in this district is proper pursuant to 28 U.S.C. §§ 1391(b)
`
`and 1400(b).
`
`BOSCH’S PATENTS
`
`6.
`
`On April 7, 2009, the United States Patent Office (“PTO”) duly and lawfully
`
`issued U.S. Patent No. 7,516,192 (“the ’192 Patent”), entitled “Networked System for Interactive
`
`Communication and Remote Monitoring of Individuals.” A true and correct copy of the ’192
`
`Patent is attached hereto as Exhibit A.
`
`7.
`
`On September 8, 2009, the United States Patent Office (“PTO”) duly and lawfully
`
`issued U.S. Patent No. 7,587,469 (“the ’469 Patent”), entitled “Audio Instructions for
`
`Appliances.” A true and correct copy of the ’469 Patent is attached hereto as Exhibit B.
`
`8.
`
`On August 8, 2010, the United States Patent Office (“PTO”) duly and lawfully
`
`issued U.S. Patent No. 7,769,605 (“the ’605 Patent”), entitled “Multiple Patient Monitoring
`
`System for Proactive Health Management.” A true and correct copy of the ’605 Patent is
`
`attached hereto as Exhibit C.
`
`9.
`
`On November 23, 2010, the United States Patent Office (“PTO”) duly and
`
`lawfully issued U.S. Patent No. 7,840,420 (“the ’420 Patent”), entitled “Multiple Patient
`
`-2-
`
`

`

`Case 2:13-cv-00349-JRG Document 1 Filed 04/26/13 Page 3 of 12 PageID #: 3
`
`Monitoring System for Proactive Health Management.” A true and correct copy of the ’420
`
`Patent is attached hereto as Exhibit D.
`
`10.
`
`On January 11, 2011, the United States Patent Office (“PTO”) duly and lawfully
`
`issued U.S. Patent No. 7,870,249 (“the ’249 Patent”), entitled “Networked System for Interactive
`
`Communication and Remote Monitoring of Individuals.” A true and correct copy of the ’249
`
`Patent is attached hereto as Exhibit E.
`
`11.
`
`On April 5, 2011, the PTO duly and lawfully issued U.S. Patent No. 7,921,186
`
`(“the ’186 Patent”), entitled “Networked System for Interactive Communication and Remote
`
`Monitoring of Individuals.” A true and correct copy of the ’186 Patent is attached hereto as
`
`Exhibit F.
`
`12.
`
`Bosch is the owner by assignment of the ’192, ’469, ’605, ’420, ’249, and ’186
`
`Patents (“the Patents-in-Suit”).
`
`BOSCH’S TECHNOLOGY
`
`13.
`
`The Patents-in-Suit relate to the field of remote health monitoring, which was
`
`pioneered by Health Hero Network, now part of Bosch. Remote health monitoring helps patients
`
`with chronic conditions achieve better of quality of life and enables health care providers to
`
`manage larger numbers of patients.
`
`14.
`
`Remote health monitoring is a completely different approach from traditional
`
`patient care. Accordingly, Health Hero Network initially met with great resistance and
`
`skepticism in the health care industry. Over time, Health Hero Network, and later Bosch, has
`
`achieved greater acceptance for its remote health monitoring technology through extensive
`
`efforts and by demonstrating benefits such as a 50% reduction in hospital admissions.
`
`15.
`
`Bosch continues to develop and sell remote health monitoring solutions, including
`
`-3-
`
`

`

`Case 2:13-cv-00349-JRG Document 1 Filed 04/26/13 Page 4 of 12 PageID #: 4
`
`the Health Buddy System originally developed by Health Hero Network.
`
`16.
`
`Cardiocom and others have piggybacked on Health Hero Network’s positive
`
`results and studies and have entered the market with competing and infringing products only
`
`after the remote health monitoring approach had a proven track record.
`
`CARDIOCOM’S INFRINGING DEVICES
`
`17.
`
`On information and belief, Cardiocom makes, sells, offers for sale, and/or uses in
`
`the United States a remote health monitoring system, the Cardiocom Telehealth system, which
`
`includes, but is not limited to, the Commander Flex Device, the Commander Device, the
`
`Telescale Device, the LinkView Device, the Attentiv Device, the NetResponse product, the
`
`TeleResponse product, and the Omnivisor Management System, and which can perform at least
`
`the following functions:
`
`a.
`
`collect patient physiological data using wired and wireless peripherals,
`
`such as weight scales, blood pressure monitors, glucose meters, pulse
`
`oximeters, and peak flow meters;
`
`b.
`
`communicate with web based system via cellular transmission, phone line,
`
`or the Internet;
`
`c.
`
`provide health messaging, education, and surveys through remote devices,
`
`such as the Commander Flex, Commander, or Telescale devices, to the
`
`patient;
`
`d.
`
`query the patient in a variety of formats including multiple choice, true-
`
`false, Likert scale, and alphanumeric to assist the care provider in
`
`evaluating the patient’s condition;
`
`e.
`
`allow the care provider to remotely customize the session questions and
`
`-4-
`
`

`

`Case 2:13-cv-00349-JRG Document 1 Filed 04/26/13 Page 5 of 12 PageID #: 5
`
`messages, target and alert levels, and other key communication
`
`parameters, provided to the patient by the remote device, including use of
`
`branching logic;
`
`f.
`
`provide medication reminders to patients and permit care providers to
`
`remotely customize such medication reminders;
`
`g.
`
`provide to the patient two-way personalized messaging that enables
`
`healthcare providers to instantly send unique, customized communications
`
`to individual patients or select groups;
`
`h.
`
`i.
`
`j.
`
`interact with patients through both audible voice and written prompts;
`
`receive audible patient responses through the use of voice recognition;
`
`display population reports to care providers and prioritize patients needing
`
`intervention;
`
`k.
`
`allow care providers to manage their patients’ care plans in real time.
`
`18.
`
`The Cardiocom Telehealth system meets all of the limitations of one or more of
`
`the claims of the Patents-in-Suit, thereby infringing the Patents-in-Suit.
`
`COUNT I
`
`INFRINGEMENT OF U.S. PATENT NO. 7,516,192
`
`19.
`
`Bosch reasserts and incorporates herein by reference the allegations set forth in
`
`paragraphs 1 through 18 as though fully set forth herein.
`
`20.
`
`Cardiocom has infringed and continues to infringe one or more claims of the ’192
`
`Patent, either literally or under the doctrine of equivalents, by making, selling, offering to sell,
`
`and/or operating its remote health monitoring system in the United States.
`
`21.
`
`By making, selling, offering to sell, and/or operating its remote health monitoring
`
`-5-
`
`

`

`Case 2:13-cv-00349-JRG Document 1 Filed 04/26/13 Page 6 of 12 PageID #: 6
`
`system in the United States, Cardiocom has also induced infringement under 35 U.S.C. § 271(b)
`
`and has contributed to infringement of the ’192 Patent under 35 U.S.C. § 271(b) by others.
`
`Cardiocom has known about the ’192 Patent and that its remote health monitoring system
`
`infringes the ’192 Patent since at least as of the filing of this action. Users making routine use of
`
`Cardiocom’s remote health monitoring system infringe the ’192 Patent. Further, Cardiocom
`
`knowingly induces users of its remote health monitoring system to infringe the ’192 Patent by
`
`instructing its customers to use the remote health monitoring system in an infringing manner.
`
`Cardiocom contributes to the infringement of the ’192 Patent because Cardiocom knows that the
`
`remote health monitoring system is designed for use in a manner infringing the ’192 Patent and
`
`is not a staple article of commerce suitable for substantial non-infringing use.
`
`22.
`
`Cardiocom has and will continue to infringe, induce others including its
`
`customers to infringe, and contribute to the infringement of the ’192 Patent unless enjoined by
`
`the Court.
`
`23.
`
`On information and belief, Cardiocom had knowledge of the ’192 Patent and
`
`willfully infringed it, as term is defined in 35 U.S.C. § 284.
`
`COUNT II
`
`INFRINGEMENT OF U.S. PATENT NO. 7,587,469
`
`24.
`
`Bosch reasserts and incorporates herein by reference the allegations set forth in
`
`paragraphs 1 through 18 as though fully set forth herein.
`
`25.
`
`Cardiocom has infringed and continues to infringe one or more claims of the ’469
`
`Patent, either literally or under the doctrine of equivalents, by making, selling, offering to sell,
`
`and/or operating its remote health monitoring system in the United States.
`
`26.
`
`By making, selling, offering to sell, and/or operating its remote health monitoring
`
`-6-
`
`

`

`Case 2:13-cv-00349-JRG Document 1 Filed 04/26/13 Page 7 of 12 PageID #: 7
`
`system in the United States, Cardiocom has also induced infringement under 35 U.S.C. § 271(b)
`
`and has contributed to infringement of the ’469 Patent under 35 U.S.C. § 271(b) by others.
`
`Cardiocom has known about the ’469 Patent and that its remote health monitoring system
`
`infringes the ’469 Patent since at least as of the filing of this action. Users making routine use of
`
`Cardiocom’s remote health monitoring system infringe the ’469 Patent. Further, Cardiocom
`
`knowingly induces users of its remote health monitoring system to infringe the ’469 Patent by
`
`instructing its customers to use the remote health monitoring system in an infringing manner.
`
`Cardiocom contributes to the infringement of the ’469 Patent because Cardiocom knows that the
`
`remote health monitoring system is designed for use in a manner infringing the ’469 Patent and
`
`is not a staple article of commerce suitable for substantial non-infringing use.
`
`27.
`
`Cardiocom has and will continue to infringe, induce others including its
`
`customers to infringe, and contribute to the infringement of the ’469 Patent unless enjoined by
`
`the Court.
`
`28.
`
`On information and belief, Cardiocom had knowledge of the ’469 Patent and
`
`willfully infringed it, as term is defined in 35 U.S.C. § 284.
`
`COUNT III
`
`INFRINGEMENT OF U.S. PATENT NO. 7,769,605
`
`29.
`
`Bosch reasserts and incorporates herein by reference the allegations set forth in
`
`paragraphs 1 through 18 as though fully set forth herein.
`
`30.
`
`Cardiocom has infringed and continues to infringe one or more claims of the ’605
`
`Patent, either literally or under the doctrine of equivalents, by making, selling, offering to sell,
`
`and/or operating its remote health monitoring system in the United States.
`
`31.
`
`By making, selling, offering to sell, and/or operating its remote health monitoring
`
`-7-
`
`

`

`Case 2:13-cv-00349-JRG Document 1 Filed 04/26/13 Page 8 of 12 PageID #: 8
`
`system in the United States, Cardiocom has also induced infringement under 35 U.S.C. § 271(b)
`
`and has contributed to infringement of the ’605 Patent under 35 U.S.C. § 271(b) by others.
`
`Cardiocom has known about the ’605 Patent and that its remote health monitoring system
`
`infringes the ’605 Patent since at least as of the filing of this action. Users making routine use of
`
`Cardiocom’s remote health monitoring system infringe the ’605 Patent. Further, Cardiocom
`
`knowingly induces users of its remote health monitoring system to infringe the ’605 Patent by
`
`instructing its customers to use the remote health monitoring system in an infringing manner.
`
`Cardiocom contributes to the infringement of the ’605 Patent because Cardiocom knows that the
`
`remote health monitoring system is designed for use in a manner infringing the ’605 Patent and
`
`is not a staple article of commerce suitable for substantial non-infringing use.
`
`32.
`
`Cardiocom has and will continue to infringe, induce others including its
`
`customers to infringe, and contribute to the infringement of the ’605 Patent unless enjoined by
`
`the Court.
`
`33.
`
`On information and belief, Cardiocom had knowledge of the ’605 Patent and
`
`willfully infringed it, as term is defined in 35 U.S.C. § 284.
`
`COUNT IV
`
`INFRINGEMENT OF U.S. PATENT NO. 7,840,420
`
`34.
`
`Bosch reasserts and incorporates herein by reference the allegations set forth in
`
`paragraphs 1 through 18 as though fully set forth herein.
`
`35.
`
`Cardiocom has infringed and continues to infringe one or more claims of the ’420
`
`Patent, either literally or under the doctrine of equivalents, by making, selling, offering to sell,
`
`and/or operating its remote health monitoring system in the United States.
`
`36.
`
`By making, selling, offering to sell, and/or operating its remote health monitoring
`
`-8-
`
`

`

`Case 2:13-cv-00349-JRG Document 1 Filed 04/26/13 Page 9 of 12 PageID #: 9
`
`system in the United States, Cardiocom has also induced infringement under 35 U.S.C. § 271(b)
`
`and has contributed to infringement of the ’420 Patent under 35 U.S.C. § 271(b) by others.
`
`Cardiocom has known about the ’420 Patent and that its remote health monitoring system
`
`infringes the ’420 Patent since at least as of the filing of this action. Users making routine use of
`
`Cardiocom’s remote health monitoring system infringe the ’420 Patent. Further, Cardiocom
`
`knowingly induces users of its remote health monitoring system to infringe the ’420 Patent by
`
`instructing its customers to use the remote health monitoring system in an infringing manner.
`
`Cardiocom contributes to the infringement of the ’420 Patent because Cardiocom knows that the
`
`remote health monitoring system is designed for use in a manner infringing the ’420 Patent and
`
`is not a staple article of commerce suitable for substantial non-infringing use.
`
`37.
`
`Cardiocom has and will continue to infringe, induce others including its
`
`customers to infringe, and contribute to the infringement of the ’420 Patent unless enjoined by
`
`the Court.
`
`38.
`
`On information and belief, Cardiocom had knowledge of the ’420 Patent and
`
`willfully infringed it, as term is defined in 35 U.S.C. § 284.
`
`COUNT V
`
`INFRINGEMENT OF U.S. PATENT NO. 7,870,249
`
`39.
`
`Bosch reasserts and incorporates herein by reference the allegations set forth in
`
`paragraphs 1 through 18 as though fully set forth herein.
`
`40.
`
`Cardiocom has infringed and continues to infringe one or more claims of the ’249
`
`Patent, either literally or under the doctrine of equivalents, by making, selling, offering to sell,
`
`and/or operating its remote health monitoring system in the United States.
`
`41.
`
`By making, selling, offering to sell, and/or operating its remote health monitoring
`
`-9-
`
`

`

`Case 2:13-cv-00349-JRG Document 1 Filed 04/26/13 Page 10 of 12 PageID #: 10
`
`system in the United States, Cardiocom has also induced infringement under 35 U.S.C. § 271(b)
`
`and has contributed to infringement of the ’249 Patent under 35 U.S.C. § 271(b) by others.
`
`Cardiocom has known about the ’249 Patent and that its remote health monitoring system
`
`infringes the ’249 Patent since at least as of the filing of this action. Users making routine use of
`
`Cardiocom’s remote health monitoring system infringe the ’249 Patent. Further, Cardiocom
`
`knowingly induces users of its remote health monitoring system to infringe the ’249 Patent by
`
`instructing its customers to use the remote health monitoring system in an infringing manner.
`
`Cardiocom contributes to the infringement of the ’249 Patent because Cardiocom knows that the
`
`remote health monitoring system is designed for use in a manner infringing the ’249 Patent and
`
`is not a staple article of commerce suitable for substantial non-infringing use.
`
`42.
`
`Cardiocom has and will continue to infringe, induce others including its
`
`customers to infringe, and contribute to the infringement of the ’249 Patent unless enjoined by
`
`the Court.
`
`43.
`
`On information and belief, Cardiocom had knowledge of the ’249 Patent and
`
`willfully infringed it, as term is defined in 35 U.S.C. § 284.
`
`COUNT VI
`
`INFRINGEMENT OF U.S. PATENT NO. 7,921,186
`
`44.
`
`Bosch reasserts and incorporates herein by reference the allegations set forth in
`
`paragraphs 1 through 18 as though fully set forth herein.
`
`45.
`
`Cardiocom has infringed and continues to infringe one or more claims of the ’186
`
`Patent, either literally or under the doctrine of equivalents, by making, selling, offering to sell,
`
`and/or operating its remote health monitoring system in the United States.
`
`46.
`
`By making, selling, offering to sell, and/or operating its remote health monitoring
`
`-10-
`
`

`

`Case 2:13-cv-00349-JRG Document 1 Filed 04/26/13 Page 11 of 12 PageID #: 11
`
`system in the United States, Cardiocom has also induced infringement under 35 U.S.C. § 271(b)
`
`and has contributed to infringement of the ’186 Patent under 35 U.S.C. § 271(b) by others.
`
`Cardiocom has known about the ’186 Patent and that its remote health monitoring system
`
`infringes the ’186 Patent since at least as of the filing of this action. Users making routine use of
`
`Cardiocom’s remote health monitoring system infringe the ’186 Patent. Further, Cardiocom
`
`knowingly induces users of its remote health monitoring system to infringe the ’186 Patent by
`
`instructing its customers to use the remote health monitoring system in an infringing manner.
`
`Cardiocom contributes to the infringement of the ’186 Patent because Cardiocom knows that the
`
`remote health monitoring system is designed for use in a manner infringing the ’186 Patent and
`
`is not a staple article of commerce suitable for substantial non-infringing use.
`
`47.
`
`Cardiocom has and will continue to infringe, induce others including its
`
`customers to infringe, and contribute to the infringement of the ’186 Patent unless enjoined by
`
`the Court.
`
`48.
`
`On information and belief, Cardiocom had knowledge of the ’186 Patent and
`
`willfully infringed it, as term is defined in 35 U.S.C. § 284.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Bosch prays that the Court order the following relief:
`
`A.
`
`B.
`
`Judgment that Cardiocom infringes the Patents-in-Suit;
`
`A permanent injunction enjoining Cardiocom from making, using, selling,
`
`offering to sell, or operating its infringing systems in the United States;
`
`C.
`
`D.
`
`Money damages sustained as a result of Cardiocom’s infringing activities;
`
`That any such money damages be trebled as a result of the willful nature of
`
`Cardiocom’s infringement pursuant to 35 U.S.C. § 284;
`
`-11-
`
`

`

`Case 2:13-cv-00349-JRG Document 1 Filed 04/26/13 Page 12 of 12 PageID #: 12
`
`E.
`
`F.
`
`Pre- and post-judgment interest as provided by law;
`
`Costs and reasonable attorneys’ fees incurred in connection with this action
`
`pursuant to 35 U.S.C. § 285; and
`
`G.
`
`Such other relief as the Court finds just and proper.
`
`DEMAND FOR JURY TRIAL
`
`Bosch hereby demands a trial by jury on all issues triable to a jury.
`
`Dated: April 26, 2013
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`By: /s/ Trey Yarbrough
`
`Trey Yarbrough
`Bar No. 22133500
`Debby E. Gunter
`Bar No. 24012752
`YARBROUGH WILCOX GUNTER, PLLC
`100 E. Ferguson, Suite 1015
`Tyler, Texas 75702
`Phone: (903) 595-3111
`Fax: (903) 595-0191
`trey@yw-lawfirm.com
`debby@yw-lawfirm.com
`
`ORRICK, HERRINGTON & SUTCLIFFE
`LLP
`
`Chris R. Ottenweller, Bar No. 73649
`cottenweller@orrick.com
`Annette L. Hurst, Bar No. 148738
`ahurst@orrick.com
`Bas de Blank, Bar No. 191487
`Basdeblank@orrick.com
`
`1000 Marsh Road
`Menlo Park, California 94025
`Telephone: +1-650-614-7400
`Facsimile: +1-650-614-7401
`
`Attorneys for Plaintiff, Robert Bosch
`Healthcare Systems, Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`OHSUSA:753561237.2
`
`
`-12-
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket