`
`IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
`CENTRAL DIVISION
`
`CATHETER CONNECTIONS, INC., a
`Delaware corporation,
` Plaintiff,
`
`vs.
`
`PRELIMINARY INJUNCTION
`ORDER REGARDING ‘825
`PATENT
`
`IVERA MEDICAL CORPORATION, a
`California corporation,
` Defendant.
`
`Case No. 2:14-CV-70-TC
`
`After having fully considered Plaintiff Catheter Connections, Inc.'s (Catheter Connections)
`
`Motion and Memorandum for Preliminary Injunction on ‘825 Patent, including the memoranda,
`1
`
`various declarations and exhibits submitted by the parties, and oral argument presented by the
`
`parties, the court issued an order on April 24, 2015, finding that the balance of equities favors
`
`granting Catheter Connections’ request for injunctive relief. Now, the court further finds and orders
`
`as follows:
`
`1.
`
`Catheter Connections has met its burden of establishing likelihood of success on the
`
`merits of its claims that Defendant Ivera Medical Corporation (Ivera) has infringed
`
`claims 1, 2, 5, 6, and 7 of U.S. Patent 8,172,825 by making, using, selling and
`
`offering for sale its accused Curos Tips™, male disinfectant caps, model Rev. H.
`
`1
`
`Doc. No. 371.
`
`1
`
`CCI 2011
`
`
`
`Case 2:14-cv-00070-TC Document 458 Filed 04/24/15 Page 2 of 3
`
`Further, Ivera has not raised a substantial question about whether claims 1, 2, 5, 6,
`
`and 7 of U.S. Patent 8,172,825 are invalid.
`
`2.
`
`Catheter Connections is likely to be irreparably harmed if Ivera is allowed to continue
`
`making, using, selling, offering for sale, and/or importing the accused Curos Tips™
`
`Rev. H male disinfectant caps because such conduct will result in Catheter
`
`Connections' loss of sales, loss of market share, and price erosion. Catheter
`
`Connections also did not unreasonably delay in filing a motion for injunctive relief.
`
`3.
`
`The balance of hardships favors Catheter Connections, a company that has invested
`
`time and resources into its patented technology, and, without an injunction, Catheter
`
`Connections will still be competing with another version of its own patented product.
`
`Ivera has presented no evidence that harm from being prevented from selling and
`
`marketing Rev. H outweighs the damage that would be done to Catheter Connections
`
`if no injunctive relief is provided; and
`
`4.
`
`The public interest will be served by enforcing Catheter Connections' patent rights
`
`and granting Catheter Connections’ Motion for Preliminary Injunction.
`
`* * *
`
`In view of the foregoing, Catheter Connections’ Motion is GRANTED and a
`
`PRELIMINARY INJUNCTION IS ORDERED AND ENTERED AS FOLLOWS:
`
`Ivera, and its officers, agents, servants, employees, attorneys, and other persons who are
`
`in active concert or participation with Ivera, who receive actual notice of this Order by personal
`
`service or otherwise, are immediately enjoined during the pendency of this litigation from
`
`making, using, selling, offering for sale, or importing into the United States Ivera's accused Curos
`
`2
`
`
`
`Case 2:14-cv-00070-TC Document 458 Filed 04/24/15 Page 3 of 3
`
`Tips™ Rev. H device or any device no more than colorably different from Ivera’s accused Curos
`
`Tips™ Rev. H device, pending entry of a final judgment in this action.
`
`This injunction shall become effective upon receipt of notice by the parties to the above-
`
`captioned action, through the court’s electronic filing system or other actual notice, of the posting
`
`by Plaintiff of a bond in the amount of $250,000.
`
`SO ORDERED this 24th day of April, 2015.
`
`BY THE COURT:
`
`_____________________________
`TENA CAMPBELL
`United States District Judge
`
`3
`
`
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