BSC USP 8,142,413
`Exhibit 1022
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`Page 1 of 20
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`CASE 0:13-cv-01172-JRT-SER Document 6 Filed 05/28/13 Page 1 of 20
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`UNITED STATES DISTRICT COURT
`DISTRICT OF MINNESOTA
`
`
`
`Vascular Solutions, Inc.,
`
`Plaintiff,
`
`
`
`
`v.
`
`Boston Scientific Corporation,
`
`Defendant.
`
`
`
`Civil File No. 0:13-cv-01172 (JRT-SER)
`
`AMENDED COMPLAINT
`
`JURY TRIAL DEMANDED
`
`Plaintiff Vascular Solutions, Inc. (“VSI”), for its Amended Complaint against
`
`Boston Scientific Corporation (“Boston Scientific”), states and alleges as follows:
`
`1.
`
`This is a patent infringement action to stop Boston Scientific’s infringement
`
`of VSI’s United States Patent No. 8,048,032 (“‘032 patent”) (Ex. A), United States Patent
`
`No. 8,142,413 (“‘413 patent”) (Ex. B), and United States Patent No. 8,292,850 (“‘850
`
`patent”) (Ex. C), all entitled “Coaxial Guide Catheter for Interventional Cardiology
`
`Procedures” (collectively, the “patents-in-suit”). This is also an action for copyright
`
`infringement to stop Boston Scientific’s infringement of VSI’s copyright in its
`
`GuideLiner® Instructions for Use (“GuideLiner IFU”), as reflected in United States
`
`Copyright Registrations TX 7-679-165 (Ex. D) and TX 7-679-167 (Ex. E) (together, the
`
`“GuideLiner IFU Copyright Registrations”).
`
`PARTIES
`
`2.
`
`Plaintiff VSI is a Minnesota corporation, with its principal place of business
`
`at 6464 Sycamore Court North, Maple Grove, Minnesota 55369. VSI is the owner by
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`assignment of the patents-in-suit and the owner of the GuideLiner IFU copyrights and the
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`GuideLiner IFU Copyright Registrations.
`
`3.
`
`Defendant Boston Scientific is a Delaware corporation, with its corporate
`
`headquarters at One Boston Scientific Place, Natick, Massachusetts 01760. Boston
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`Scientific also maintains a place of business and manufacturing operations at Two
`
`Scimed Place, Maple Grove, Minnesota 55331, and in numerous other states and
`
`countries.
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`JURISDICTION AND VENUE
`
`4.
`
`This action arises under the Patent Act, 35 U.S.C. § 1 et seq. and the
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`Copyright Act, 17 U.S.C. § 101, et seq.
`
`5.
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`This Court has jurisdiction over the subject matter of this action under
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`28 U.S.C. §§ 1331 and 1338(a).
`
`6.
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`The Court has personal jurisdiction over Boston Scientific, because Boston
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`Scientific maintains places of business within the State of Minnesota and this district;
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`Boston Scientific regularly conducts business in the State of Minnesota and this district;
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`and VSI’s cause of action arises directly from Boston Scientific’s infringing actions by
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`manufacturing, marketing and selling the infringing Guidezilla™ product in the State of
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`Minnesota and this district and by copying the GuideLiner IFU and distributing copies of
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`the infringing Guidezilla IFU in the State of Minnesota and this district.
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`7.
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`Venue is proper in the District of Minnesota pursuant to
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`28 U.S.C. §§ 1391(a) and 1400(a), (b).
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`2
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`BACKGROUND
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`Vascular Solutions, its GuideLiner Product, and the Patents-in-Suit
`
`8.
`
` Formed in 1997, VSI is a medical device company focused on bringing
`
`new clinically unique solutions for vascular diseases to physicians worldwide. VSI has
`
`developed and markets over 75 different medical device products through its 91employee
`
`U.S. sales force and international distribution network covering 49 countries. VSI’s
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`annual revenue in 2012 was $98 million.
`
`9.
`
`Starting in 2004, VSI’s Chief Executive Officer, Howard Root, along with
`
`VSI employees Gregg Sutton, Jeffrey Welch, and Jason Garrity (together, the
`
`“Inventors”), conceived of a new idea and developed that idea into VSI’s GuideLiner
`
`catheter. VSI’s GuideLiner catheter is a medical device used in coronary catheterization
`
`medical procedures to provide stable access to the coronary arteries and thereby facilitate
`
`the placement of stents and other medical devices for the treatment of coronary artery
`
`disease. The GuideLiner catheter uses rapid exchange or “rail” technology to make the
`
`catheter easy to deliver and consistent with the lengths of other devices used in coronary
`
`catheterization procedures.
`
`10. On May 3, 2006, the Inventors filed an application for a U.S. patent on their
`
`invention that would issue as the ‘032 patent.
`
`11.
`
`The ‘032 patent issued on November 1, 2011. VSI is the assignee and sole
`
`owner of the ‘032 patent.
`
`12.
`
` The Inventors filed two additional divisional U.S. patent applications
`
`relating to aspects of their invention that were issued as the ‘413 patent on March 27,
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`3
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`2012 and the ‘850 patent on October 23, 2012. VSI is the assignee and sole owner of the
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`‘413 and ‘850 patents.
`
`13. VSI obtained CE mark clearance from its European notified body and
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`commenced international sales of the GuideLiner catheter in September 2009.
`
`14. VSI obtained 510(k) regulatory clearance from the U.S. Food & Drug
`
`Administration and commenced U.S. sales of the GuideLiner catheter in November 2009.
`
`15.
`
`The Instructions for Use (“IFU”) that VSI supplies with every unit of
`
`GuideLiner catheter shipped to a customer in the U.S. contains a listing of the numbers of
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`the patents-in-suit and a description of the product and the deployment technique.
`
`16. VSI is the owner of copyright in the GuideLiner IFUs and the sole owner of
`
`the GuideLiner IFU Copyright Registrations, effective May 15, 2013.
`
`17.
`
` Since its introduction, the GuideLiner catheter has been described by
`
`physicians who use the product as “a game-changing device.” Physicians have stated that
`
`by using the GuideLiner catheter they have “been able to treat arteries previously deemed
`
`untreatable.” Other physicians have described the GuideLiner catheter as a device that
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`“makes some impossible cases possible and difficult cases easier;” “an indispensable part
`
`of my tool kit;” and a device that “allows me to successfully complete previously
`
`unimaginable interventions.”
`
`18. Before Boston Scientific introduced its infringing Guidezilla product, VSI’s
`
`patented GuideLiner catheter was the only available product that provided guide
`
`extension with rapid exchange, or “rail” technology, and therefore according to
`
`physicians using the product had “no competitor device.”
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`4
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`19.
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`Since 2010, twenty-two articles have been published in peer-reviewed
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`medical journals on the GuideLiner catheter; VSI has published twelve case reports on a
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`variety of beneficial clinical uses of the GuideLiner catheter; and five medical symposia
`
`have been held on GuideLiner catheter at medical meetings in the United States and
`
`Europe.
`
`20.
`
`The GuideLiner catheter has been a commercially successful product for
`
`VSI. From 2010 to current, the GuideLiner catheter has been VSI’s fastest growing
`
`product, with sales growth of 48% in the first quarter of 2013 over the prior year, to an
`
`annual rate of approximately $20 million. GuideLiner catheter sales currently represent
`
`approximately 20% of VSI’s total revenue.
`
`Boston Scientific and its Infringing Guidezilla Product
`
`21.
`
` Boston Scientific is the largest medical device company in the U.S.
`
`market for interventional cardiology devices, with a 40% share of the market according to
`
`2010 market research estimates. Boston Scientific sells a variety of medical devices into
`
`this market through its interventional cardiology division, including drug-eluting stents
`
`and guide catheters. Boston Scientific’s worldwide 2012 revenue was $7.2 billion.
`
`22.
`
`Since VSI launched its GuideLiner catheter in 2009, interventional
`
`cardiologists have used VSI’s GuideLiner catheter to deliver Boston Scientific’s drug-
`
`eluting stents into coronary arteries, of which Boston Scientific’s sales and marketing
`
`employees have been well aware.
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`5
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`23. On February 14, 2012, Boston Scientific filed a trademark application on
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`“Guidezilla” for use as a medical guide catheter with the U.S. Patent & Trademark
`
`Office.
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`24. On October 2, 2012, VSI’s CEO, Howard Root, met the president of
`
`Boston Scientific’s Interventional Cardiology Division, Keven Ballinger, at an event
`
`sponsored by the trade organization LifeScience Alley in St. Louis Park, Minnesota. At
`
`the event, Root asked Ballinger if Boston Scientific was developing a new guide catheter
`
`called Godzilla or Guidezilla. In response, Ballinger stated that Boston Scientific hadn’t
`
`developed a new guide catheter in over a decade.
`
`25. On October 16, 2012, Root sent a letter to Ballinger informing him of the
`
`patents-in-suit. Ballinger did not respond.
`
`26. Boston Scientific prepared its 510(k) application with the U.S. Food &
`
`Drug Administration (“FDA”) for the Guidezilla catheter on December 6, 2012 and filed
`
`it on February 19, 2013. Boston Scientific’s 510(k) filing identifies the GuideLiner
`
`catheter as the only predicate device for the Guidezilla catheter. The Guidezilla catheter
`
`“Intended Use / Indications for Use” included in the 510(k) application is the same as the
`
`Intended Use that VSI created and provides with its GuideLiner catheter.
`
`27. As part of its filing with the FDA, Boston Scientific stated the following:
`
`“The GUIDEZILLA™ Guide Extension Catheter incorporates substantially equivalent
`
`device materials and design, packaging materials and design, fundamental technology,
`
`manufacturing processes, sterilization process and intended use as the GuideLiner® V2
`
`(K112082).”
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`6
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`28. Boston Scientific describes its Guidezilla catheter in its Directions for Use
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`as “a single lumen rapid exchange catheter” with “a stainless steel proximal shaft with a
`
`25 cm single lumen distal guide segment . . . .” This description is the same as VSI’s
`
`description of its GuideLiner catheter in its IFU as “a single lumen rapid exchange
`
`catheter” with “a stainless steel shaft with a 25cm single lumen . . . .”
`
`29. Boston Scientific’s Directions for Use for its Guidezilla catheter is a copy
`
`of the VSI IFU for its GuideLiner catheter, including the “Deployment Procedure” /
`
`“Delivery Procedure” section as shown below (language copied from GuideLiner
`
`Instructions into Guidezilla Directions is shown in bold):
`
`GuideLiner
`
`Guidezilla
`
`
`Deploy the GuideLiner catheter according to
`the following steps:
`
`1. Secure the previously inserted guidewire
`and backload the distal tip of the GuideLiner
`catheter onto the guidewire and advance
`until the catheter is just proximal to the
`hemostasis valve.
`
`2. Open the hemostasis valve and advance
`the GuideLiner catheter through the
`hemostasis valve and into the guide catheter.
`
`3. Under fluoroscopy, advance the
`GuideLiner catheter up to a maximum of
`15cm beyond the distal tip of the guide
`catheter and into the desired location within
`the vessel.
`
`Warning: Never advance the GuideLiner
`catheter into a vessel with an effective
`diameter less than 2.5mm. Vessel injury,
`ischemia, and/or occlusion may result. If
`pressure in a vessel dampens after inserting
`
`
`Deliver the Guidezilla device according to
`the following steps:
`
`1. Secure the previously inserted guidewire
`and backload the distal tip of the Guidezilla
`device onto the guidewire and advance
`until the device is just proximal to the
`hemostasis valve.
`
`2. Open the hemostasis valve and advance
`the Guidezilla device through the
`hemostasis valve and into the guide catheter.
`
`3. Under fluoroscopy, advance the
`Guidezilla device up to a maximum of
`15 cm beyond the distal tip of the guide
`catheter and into the desired location within
`the vessel.
`
`Warning: Never advance the Guidezilla
`device into a vessel with an effective
`diameter less than 2.5 mm. Vessel injury,
`ischemia, and/or occlusion may result. If
`pressure in a vessel dampens after inserting
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`the GuideLiner catheter, withdraw the
`GuideLiner catheter until the pressure
`returns to normal.
`
`Warning: Due to the size and non-tapered
`tip of the GuideLiner, extreme care
`must be taken to avoid vessel occlusion and
`damage to the wall of the vessels through
`which this catheter passes.
`
`4. Using fluoroscopy, confirm the desired
`position of the GuideLiner catheter in the
`vessel.
`
`
`5. If performing an interventional
`procedure, backload the interventional
`device over the in place guidewire and
`advance the device through the guide
`catheter and GuideLiner catheter into the
`desired vascular space.
`
`
`
`
`
`6. Tighten the Y-adaptor hemostasis valve
`securely on the proximal shaft of the
`GuideLiner catheter to prevent back-
`bleeding.
`
`7. Perform the catheterization procedure.
`After completing the procedure, remove the
`GuideLiner catheter prior to removing the
`guide catheter from the vessel.
`
`
`the Guidezilla catheter, withdraw the
`Guidezilla catheter until the pressure
`returns to normal.
`
`Warning: Due to the size and non-tapered
`tip of the Guidezilla device, extreme care
`must be taken to avoid vessel occlusion and
`damage to the wall of the vessels through
`which this catheter passes.*
`
`4. Using fluoroscopy, confirm the desired
`position of the Guidezilla device in the
`vessel.
`
`
`5. If performing an interventional
`procedure, backload the interventional
`device over the guidewire and
`advance the device through the guide
`catheter and Guidezilla device into the
`desired vascular space.
`
`Note: Use caution when advancing the
`interventional device into the distal guide
`segment.
`
`6. Tighten the Y-adaptor hemostasis valve
`securely on the proximal shaft of the
`Guidezilla device to prevent back-
`bleeding.
`
`7. Perform the catheterization procedure.
`After completing the procedure, remove the
`Guidezilla device prior to removing the
`guide catheter from the vessel.
`
`
` *
`
` The order of the two warnings is reversed in the Guidezilla document.
`
`30. Boston Scientific has infringed the GuideLiner IFU Copyright
`
`Registrations, as described more fully below.
`
`31. Boston Scientific received 510(k) clearance from the FDA for the
`
`Guidezilla catheter on March 19, 2013.
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`8
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`32.
`
`Sam Rasmussen was employed as a Senior Product Manager at VSI from
`
`June 2006 through November 2006, a time period during which VSI was actively
`
`developing its GuideLiner catheter. Rasmussen voluntarily left VSI’s employ in
`
`November 2006 and is currently employed as a Senior Product Manager at Boston
`
`Scientific. Rasmussen is responsible for providing marketing leadership for the launch of
`
`the Guidezilla catheter at Boston Scientific.
`
`33. On March 21, 2013, Rasmussen contacted VSI’s sales representative for the
`
`Minnesota territory, Matt Nigon, wanting to discuss the GuideLiner catheter. Rasmussen
`
`asked Nigon about the market size and pricing for the GuideLiner catheter.
`
`34. On April 12, 2013, Boston Scientific provided a Guidezilla catheter for
`
`clinical use at Barnes Jewish Hospital in St. Louis, Missouri, where it was used on a
`
`patient. Additional Guidezilla catheters have been provided by Boston Scientific since
`
`April 12, 2013 for clinical use in California, Illinois, New York and numerous other
`
`states across the U.S.
`
`35. On April 25, 2013, Root sent another letter to Ballinger asking to purchase
`
`a sample of the Guidezilla for evaluation, to see any analysis performed by Boston
`
`Scientific with respect to the patents-in-suit, and to discuss the issue. On May 3, 2013,
`
`Root received a written reply stating only that Ballinger had forwarded Root’s letter to
`
`his legal department for review. As of the time of this filing, no further response has
`
`been received from Ballinger or Boston Scientific.
`
`36. Boston Scientific’s Guidezilla catheter is a copy of VSI’s GuideLiner
`
`catheter. Guidezilla’s design, materials, and dimensions are materially the same as those
`
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`of GuideLiner and those described and claimed in the patents-in-suit. The drawings
`
`below show a comparison of Guidezilla and GuideLiner to Figure 1 of the patents-in-suit
`
`(orientation of the patent drawing has been reversed for comparison purposes):
`
`
`
`
`
`
`
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`
`
`37.
`
`The rapid exchange, or “rail,” technology used in the Guidezilla catheter is
`
`materially the same as VSI’s GuideLiner and as described and claimed in VSI’s patents-
`
`in-suit. The drawing and photographs below show a comparison of rapid exchange
`
`10
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`transition of the Guidezilla and VSI’s GuideLiner catheters and Figure 1 of VSI’s
`
`patents-in-suit:
`
`
` GuideLiner Guidezilla
`
`
`
`38. Boston Scientific’s Guidezilla catheter infringes one or more claims of the
`
`
`
`
`
`patents-in-suit, as described more fully below.
`
`COUNT ONE
`Infringement of the ‘032 Patent
`
`39. VSI restates and incorporates by reference the allegations in paragraphs 1-
`
`38.
`
`40.
`
` VSI is the assignee and sole owner of the ‘032 patent.
`
`41. Boston Scientific has infringed and continues to infringe one or more
`
`claims of the ‘032 patent, including at least claims 1-8, 11-17, and 19, by making, using,
`
`offering to sell, and selling (directly or through intermediaries), in this district and
`
`elsewhere in the United States, coaxial guide catheters for cardiac catheterization
`
`procedures, namely the Guidezilla catheter.
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`11
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`42. VSI did not give Boston Scientific authorization or license to make, use,
`
`offer to sell, or sell the Guidezilla catheter.
`
`43. At least as early as October 2, 2012, and likely much earlier, Boston
`
`Scientific had knowledge of the ‘032 patent, and knew that its actions infringe the ‘032
`
`patent. Boston Scientific did not develop the Guidezilla on its own, but instead copied
`
`VSI’s GuideLiner catheter. Boston Scientific has willfully infringed, and continues to
`
`willfully infringe, the ‘032 patent.
`
`44. Boston Scientific’s willful infringement of the ‘032 patent has caused and
`
`will continue to cause damage to VSI, causing irreparable harm for which there is no
`
`adequate remedy at law, unless enjoined.
`
`COUNT TWO
`Infringement of the ‘413 Patent
`
`45. VSI restates and incorporates by reference the allegations in paragraphs 1-
`
`44.
`
`46. VSI is the assignee and sole owner of the ‘413 patent.
`
`47. Boston Scientific has infringed and continues to infringe one or more
`
`claims of the ‘413 patent, including at least claims 1, 2, 4, 5, and 7-13, by making, using,
`
`offering to sell, and selling (directly or through intermediaries), in this district and
`
`elsewhere in the United States, coaxial guide catheters for cardiac catheterization
`
`procedures, namely the Guidezilla catheter, and using such catheters for cardiac
`
`catheterization procedures.
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`12
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`48. Boston Scientific has induced and continues to induce infringement in this
`
`district and elsewhere in the United States of one or more claims of the ‘413 patent,
`
`including at least claims 1, 2, 4, 5, and 7-13, by, among other things, actively and
`
`successfully encouraging, instructing, enabling, and otherwise causing end users and/or
`
`customers to use its coaxial guide catheter for cardiac catheterization procedures, namely
`
`the Guidezilla catheter, in a manner which infringes the ‘413 patent.
`
`49. At least as early as October 2, 2012, and likely much earlier, Boston
`
`Scientific had knowledge of the ‘413 patent. Boston Scientific did not develop the
`
`Guidezilla, or the instructions for using Guidezilla, on its own, but instead copied VSI’s
`
`GuideLiner and its IFU. Boston Scientific has specifically intended that its end users
`
`and/or customers use the Guidezilla catheter in a way that infringes the ‘413 patent by, at
`
`a minimum, providing instructions to its end users and/or customers on how to use the
`
`accused products, and Boston Scientific knew that its actions would induce, have
`
`induced, and will continue to induce infringement by end users and/or customers.
`
`50. Boston Scientific has contributed to and continues to contribute to the
`
`infringement of one or more claims of the ‘413 patent, including at least claims 1, 2, 4, 5,
`
`and 7-13, by offering to sell and selling (directly or through intermediaries), to end users
`
`and/or customers, in this district or elsewhere in the United States, its coaxial guide
`
`catheter for cardiac catheterization procedures, namely the Guidezilla catheter, that
`
`constitutes a material or apparatus for use in practicing a patented process covered by the
`
`‘413 patent, constituting a material part of the invention, and that end users and/or
`
`customers have used in a manner that infringes one or more claims of the ‘413 patent.
`
`13
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`51. Boston Scientific has known since at least as early as October 2, 2012, and
`
`likely much earlier, that its Guidezilla catheters are specially made and/or adapted for
`
`use(s) that infringe one or more claims of the ‘413 patent and are, therefore, not staple
`
`articles or commodities of commerce suitable for substantial noninfringing use.
`
`52. VSI did not give Boston Scientific authorization or license to engage in the
`
`activities described above.
`
`53. Boston Scientific has willfully infringed, willfully induced infringement of,
`
`and willfully contributed to the infringement of one or more claims of the ‘413 patent,
`
`and continues to do so.
`
`54. Boston Scientific’s willful infringement, willful inducement of
`
`infringement, and willful contributory infringement of the ‘413 patent has caused and
`
`will continue to cause damage to VSI, causing irreparable harm for which there is no
`
`adequate remedy at law, unless enjoined.
`
`COUNT THREE
`Infringement of the ‘850 Patent
`
`55. VSI restates and incorporates by reference the allegations in paragraphs 1-
`
`54.
`
`56. VSI is the assignee and sole owner of the ‘850 patent.
`
`57. Boston Scientific has infringed and continues to infringe one or more
`
`claims of the ‘850 patent, including at least claims 1-8, 12-18, and 20, by making, using,
`
`offering to sell, and selling (directly or through intermediaries), in this district and
`
`14
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`elsewhere in the United States, coaxial guide catheters for cardiac catheterization
`
`procedures, namely the Guidezilla catheter, with standard guide catheters.
`
`58. Boston Scientific has induced and continues to induce infringement in this
`
`district and elsewhere in the United States of one or more claims of the ‘850 patent,
`
`including at least claims 1-8, 12-18, and 20, by, among other things, actively and
`
`successfully encouraging, instructing, enabling, and otherwise causing end users and/or
`
`customers to use its coaxial guide catheter for cardiac catheterization procedures, namely
`
`the Guidezilla catheter, along with standard guide catheters, as a system which infringes
`
`the ‘850 patent.
`
`59. At least as early as October 2, 2012, and likely much earlier, Boston
`
`Scientific had knowledge of the application that issued as the ‘850 patent, and knew that
`
`its Guidezilla product, when used with standard guide catheters, would infringe the ‘850
`
`patent when issued. Boston Scientific did not develop the Guidezilla on its own, but
`
`instead copied VSI’s GuideLiner. Boston Scientific has specifically intended that its end
`
`users and/or customers use the Guidezilla catheter, along with standard guide catheters,
`
`as a system which infringes the ‘850 patent by, at a minimum, providing instructions to
`
`its end users and/or customers on how to use the accused products, and Boston Scientific
`
`knew that its actions would induce, have induced, and will continue to induce
`
`infringement by end users and/or customers.
`
`60. Boston Scientific has contributed to and continues to contribute to the
`
`infringement of one or more claims of the ‘850 patent, including at least claims 1-8, 12-
`
`18, and 20, by offering to sell and selling (directly or through intermediaries), to end
`
`15
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`
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`users and/or customers, in this district or elsewhere in the United States, its coaxial guide
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`catheter for cardiac catheterization procedures, namely the Guidezilla catheter, that
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`constitutes a component of a machine, manufacture, combination or composition covered
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`by the ‘850 patent, constituting a material part of the invention, and that end users and/or
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`customers have used the Guidezilla catheter as part of a system that infringes one or more
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`claims of the ‘850 patent.
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`61. At least as early as October 2, 2012, and likely much earlier, Boston
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`Scientific knew that its Guidezilla catheters are specially made and/or adapted for use(s)
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`as part of a system that would infringe one or more claims of the ‘850 patent when issued
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`and are, therefore, not staple articles or commodities of commerce suitable for substantial
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`noninfringing use.
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`62. VSI did not give Boston Scientific authorization or license to engage in the
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`activities described above.
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`63. Boston Scientific has willfully infringed, willfully induced infringement,
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`and willfully contributed to infringement of one or more claims of the ‘850 patent and
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`continues to do so.
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`64. Boston Scientific’s willful infringement, willful inducement of
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`infringement, and willful contributory infringement of the ‘850 patent has caused and
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`will continue to cause damage to VSI, causing irreparable harm for which there is no
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`adequate remedy at law, unless enjoined.
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`COUNT FOUR
`Copyright Infringement
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`65. VSI restates and incorporates by reference the allegations in paragraphs 1-
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`
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`64.
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`66. VSI is the sole owner of copyright in the GuideLiner IFUs.
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`67. VSI provided notice of its copyright on the first and every subsequent
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`published copy of the GuideLiner IFUs.
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`68. VSI deposited the GuideLiner IFUs with the United States Copyright
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`Office on May 15, 2013, and is the sole owner of the GuideLiner IFU Copyright
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`Registrations.
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`69. Boston Scientific has infringed VSI’s copyright in the GuideLiner IFUs as
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`provided in 17 U.S.C. §501 by, among other things, copying and distributing copies of
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`the GuideLiner IFUs as the Guidezilla Directions for Use in this district and elsewhere in
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`the United States and in the world.
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`70. VSI did not authorize Boston Scientific to copy or distribute copies of the
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`GuideLiner IFUs.
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`71. Boston Scientific knew or should have known of VSI’s copyright in the
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`GuideLiner IFUs, and proceeded to copy and distribute copies of the GuideLiner IFUs as
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`the Guidezilla Directions for Use. Boston Scientific’s violation of VSI’s copyright has
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`been and continues to be willful.
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`72. Boston Scientific’s willful copyright infringement has caused and will
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`continue to cause damage to VSI, causing irreparable harm for which there is no adequate
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`remedy at law, unless enjoined.
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`
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`JURY DEMAND
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`VSI requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil
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`Procedure.
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`PRAYER FOR RELIEF
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`WHEREFORE, Vascular Solutions, Inc. prays for Judgment:
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`(a)
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`In favor of VSI and against Boston Scientific on all of VSI’s claims;
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`(b)
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`Finding that Boston Scientific has willfully infringed one or more claims of
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`the patents-in-suit, has willfully induced others to infringe one or more claims of the
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`patents-in-suit, and has willfully contributed to infringement of one or more claims of the
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`patent-in-suit;
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`(c)
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`Preliminarily and permanently enjoining Boston Scientific, its agents,
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`servants, employees, officers, directors, successors, licensees, assigns, and all others in
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`active concert or participation with Boston Scientific, from making, using, offering to
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`sell, or selling its Guidezilla catheters in the United States, or from otherwise infringing,
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`inducing infringement, and contributing to the infringement of claims of the patents-in-
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`suit;
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`(d) Awarding VSI damages adequate to compensate VSI for Boston
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`Scientific’s acts of patent infringement, together with pre-judgment and post-judgment
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`interest;
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`(e) Declaring this to be an exceptional case and awarding VSI enhanced
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`damages and reasonable attorneys’ fees and costs pursuant to 35 U.S.C. § 285;
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`(f)
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`Finding that Boston Scientific has willfully infringed VSI’s copyright in the
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`GuideLiner IFUs;
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`(g)
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`Permanently enjoining Boston Scientific, its agents, servants, employees,
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`officers, directors, successors, licensees, assigns, and all others in active concert or
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`participation with Boston Scientific, from distributing further copies of the Guidezilla
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`Directions for Use, or from otherwise infringing VSI’s copyright in the GuideLiner IFUs;
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`(h) Ordering Boston Scientific to deliver up for destruction all copies of the
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`Guidezilla Directions for Use in its or its agents’ possession;
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`(i)
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`Awarding VSI damages adequate to compensate VSI for Boston
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`Scientific’s acts of copyright infringement, as well as any unlawful profits earned by
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`Boston Scientific, together with pre-judgment and post-judgment interest;
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`(j)
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`Awarding VSI reasonable attorneys’ fees and costs pursuant to 17 U.S.C. §
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`505;
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`(k) Awarding VSI its taxable costs and expenses, with interest; and
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`(l)
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`Granting such other and further relief as this Court may deem just and
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`equitable.
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`
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`Dated: May 28, 2013
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`
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`DORSEY & WHITNEY LLP
`
`By s/ Heather D. Redmond
`J. Thomas Vitt #0183817
`vitt.thomas@dorsey.com
`Heather D. Redmond #0313233
`redmond.heather@dorsey.com
`Shannon L. Bjorklund #0389932
`bjorklund.shannon@dorsey.com
`Suite 1500, 50 South Sixth Street
`Minneapolis, MN 55402-1498
`Telephone: (612) 340-2600
`
`Attorneys for Plaintiff
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