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`Timothy Devlin (to be admitted pro hac vice)
`James Gorman III (to be admitted pro hac vice)
`Devlin Law Firm LLC
`1306 N. Broom Street, 1st Floor
`Wilmington, DE 19806
`Telephone: (302) 449-9010
`Facsimile: (302) 353-4251
`Email: tdevlin@devlinlawfirm.com
` jgorman@devlinlawfirm.com
`
`Seth W. Wiener, California State Bar No. 203747
`LAW OFFICES OF SETH W. WIENER
`609 Karina Court
`San Ramon, CA 94582
`Telephone: (925) 487-5607
`Email: seth@sethwienerlaw.com
`
`Attorneys for Plaintiff
`FULFILLIUM, INC.
`
`
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`
`COUNTY OF ORANGE
`
`
`Case No.:
`
`COMPLAINT FOR TRADE SECRET
`MISAPPROPRIATION
`
`[DEMAND FOR TRIAL BY JURY]
`
`
`
`
`FULFILLIUM, INC.,
`
` Plaintiff,
`v.
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`RESHAPE MEDICAL LLC, SV HEALTH
`INVESTORS, LLC, AND INTERSECT
`PARTNERS, LLC, DOES 1 TO 100,
`INCLUSIVE;
`
` Defendants.
`
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`Plaintiff Fulfillium, Inc. (“Fulfillium” or “Plaintiff”), for its Complaint against ReShape
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`Medical LLC (“ReShape Medical LLC”), SV Health Investors, LLC (“SV Health”), Intersect
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`Partners, LLC (“Intersect Partners”), and Does 1 to 100, inclusive (collectively “Defendants”) makes
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`the allegations below.
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`INTRODUCTION
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`1.
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`This is an action for trade secret misappropriation arising under the Uniform Trade
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`Secrets Act, California Civil Code §§ 3426 et seq.
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`PARTIES
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`2.
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`Fulfillium is a corporation organized and existing under the laws of the State of
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`MISAPPROPRIATION
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`Delaware, with an address at 1136 Orchard Avenue, Napa, California 94558.
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`3.
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`On information and belief, ReShape Medical LLC is a limited liability company
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`organized and existing under the laws of the State of Delaware with its principal place of business at
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`100 Calle Iglesia, San Clemente, California 92672. ReShape Medical LLC can be served via its
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`registered agent The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street,
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`Wilmington, Delaware, 19801. ReShape Medical LLC is a wholly owned subsidiary of ReShape
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`Lifesciences Inc. (“ReShape Lifesciences”) and the surviving entity of the merger of a subsidiary of
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`ReShape Lifesciences and ReShape Medical, Inc.
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`4.
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`On information and belief, SV Health is a limited liability company organized and
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`existing under the laws of the State of Delaware with its principal place of business at One Boston
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`Place, 201 Washington Street, Suite 3900, Boston, Massachusetts 02108. SV Health Investors can be
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`served via its registered agent The Corporation Trust Company, Corporation Trust Center, 1209
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`Orange Street, Wilmington, Delaware, 19801. SV Health maintains a business in the State of
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`California at 1700 Owens Street, Suite 585, San Francisco, CA 94158.
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`5.
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`On information and belief, Intersect Partners is a limited liability company organized
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`and existing under the laws of the State of Nevada with places of business in Nevada and Minnesota.
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`Intersect Partners can be served via its registered agent Sierra Corporate Services – Reno, 100 West
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`Liberty Street 10th Floor, Reno, NV 89501.
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`6.
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`On information and belief, ReShape Medical LLC’s predecessor, ReShape Medical,
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`Inc., was founded, funded, owned and controlled in relevant respect through a joint venture between
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`by SV Life Sciences, LLC, which has reorganized as SV Health Investors, LLC and Intersect
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`22
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`Partners.
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`7.
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`The website of SV Health Investors states that “SV Health Investors, formerly SV Life
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`Sciences, is a leading healthcare and life sciences venture capital and growth equity firm.” SV
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`Health Investors and its predecessor SV Life Sciences have at all relevant times held one or more
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`seats on ReShape Medical, Inc.’s Board of Directors.
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`8.
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`The first heading of the About Us page of SV Health Investors’ website is “Hands-on
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`business partners.” Exhibit 1. The page explains that SV Health Investors “work hands-on with our
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`MISAPPROPRIATION
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`portfolio companies as trusted advisers and partners from formation to exit. We help them develop
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`business strategy, make connections within our networks, and guide them through both smooth and
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`turbulent times toward a successful exit.” Id. According to the website, “[t]he SV team has more
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`than 400 aggregate years of healthcare operating experience – which means we can work as true
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`partners with our entrepreneurs, and develop strong relationships with them through the full life cycle
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`of their ventures.” Id.
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`9.
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`On information and belief, SV Health and its predecessor SV Life Sciences along with
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`Intersect Partners have directed, controlled, actively induced and/or conspired with ReShape Medical,
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`Inc., and subsequently ReShape Medical LLC, to take the actions that form the basis for this
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`Complaint.
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`10.
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`Upon information and belief, Intersect Partners and SV Health have jointly managed
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`ReShape Medical since its inception.
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`11.
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`On October 2, 2017, EnteroMedics, Inc. acquired ReShape Medical, Inc. for cash and
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`securities in the value of approximately $38 million. This acquisition and merger was announced on
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`October 3, 2017. http://ir.enteromedics.com/releasedetail.cfm?ReleaseID=1042545. ReShape
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`Medical LLC is an additional entity that resulted from this merger. On October 23, 2017,
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`EnteroMedics, Inc. announced its name change to ReShape Lifesciences Inc.
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`http://ir.enteromedics.com/releasedetail.cfm?ReleaseID=1044913.
`
`12.
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`Plaintiff is ignorant of the true names and capacities of the Defendants sued herein as
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`Does 1 to 100, inclusive, and therefore sues these Defendants by such fictitious names. Plaintiff will
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`amend this Complaint to allege their true names and capacities when ascertained.
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`13.
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`At all times relevant herein, and at the time of the transactions complained of, each of
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`the Defendants were the agent and employee of each of the remaining Defendants, and in doing the
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`things hereinafter alleged, was acting within the scope of such agency.
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`JURISDICTION
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`14.
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`This court has jurisdiction over ReShape Medical LLC and SV Health because each is
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`a resident of the State of California. This court has jurisdiction over ReShape Medical LLC, SV
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`Health, and Intersect Partners because each conducts and solicits business within the State of
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`MISAPPROPRIATION
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`California and within this County. Each Defendant is subject to this Court’s general and specific
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`personal jurisdiction because each Defendant has sufficient minimum contacts within the State of
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`California and this County, pursuant to due process and/or the California Long Arm Statute,
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`California Code of Civil Procedure § 410.10, because each Defendant purposefully availed itself of
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`the privileges of conducting business in the State of California and in this County, because each
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`Defendant regularly conducts and solicits business within the State of California and within this
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`County, and because Fulfillium’s causes of action arise directly from each Defendant’s business
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`contacts and other activities in the State of California and this County.
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`VENUE
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`15.
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`Venue is proper in this County because some or all of the Defendants are resident in
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`this County, each Defendant conducts business in this County, the claims alleged in this Complaint
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`arise in this County, and acts of trade secret misappropriation have taken place and are continuing to
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`take place in this County.
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`FACTUAL ALLEGATIONS
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`16.
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`Dr. Richard D. Y. Chen was born in Taiwan in 1958 and emigrated to the United
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`States in 1972. Dr. Chen obtained an undergraduate degree in biochemistry and molecular biology
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`from Harvard University in 1979. Dr. Chen next attended medical school at Northwestern University
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`and obtained an M.D. in 1983. Dr. Chen performed his internship in general surgery and continued in
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`his residency in neurosurgery at the Johns Hopkins Hospital in the 1980’s.
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`17.
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`Dr. Chen obtained a Master’s Degree in Business Administration from Stanford
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`University in 1990. Following matriculation, Dr. Chen began working in the investment banking
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`department at Morgan Stanley & Company. Thereafter, Dr. Chen continued working in financial
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`services making investments in and assisting start-up companies primarily in the technology sector.
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`18.
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`In 1999, Dr. Chen started conceiving innovative ideas of his own by combining his
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`experiences at the crossroads of medicine and technology. After the tragic events of September 11,
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`2001, prospects in the technology investment markets began to slow. Dr. Chen decided to focus on
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`developing and commercializing these ideas into entrepreneurial ventures.
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`19.
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`Dr. Chen conceived of a bariatric medical device and procedure whereby a novel
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`balloon device is delivered endoscopically to reduce the interior volume of the stomach and impede
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`the flow of ingested food and thereby effectively reduce the calories consumed. To mitigate
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`potentially fatal consequences of premature rupture and migration, which were significant
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`deficiencies in earlier devices within this class, safety was provided by two or more chambers filled
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`with fluids.
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`20.
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`Because obesity is a complex, multifactorial disease, Dr. Chen invested at least two
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`years’ time i) analyzing critically over a thousand scientific papers relating from the genetic basis of
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`obesity to interventions in clinical therapy to the psychosocial impact of the disease, and ii) attending
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`scientific research conferences on the basic underpinnings of the field and major medical conferences
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`in the United States and overseas to learn about the state of the art in therapy and how the various
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`medical specialties played their role in its treatment. Gaining insight from these activities, Dr. Chen
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`further refined key elements of his idea and its implementation into everyday medical practice.
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`21.
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`Dr. Chen then presented his idea, on a confidential basis, to leading researchers and
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`clinicians in the field, including the former presidents of the American Gastroenterology Association,
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`the American Society of Bariatric Surgeons and its overseas counterpart, the International Federation
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`for the Surgery of Obesity. Practically everyone he contacted responded favorably with the
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`willingness to commit to participate further in developing the medical device and procedure. Each of
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`these disclosures was subject to a mutual understanding and obligation of confidentiality. Only
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`individuals who were under written obligations of confidentiality were provided information
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`regarding Fulfillium’s trade secrets.
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`22.
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`Dr. Chen contributed funds and his intellectual property to form Fulfillium, Inc. in
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`2004 and filed his first provisional patent application on May 3, 2004. Dr. Chen raised seed capital
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`from friends and family to take the idea to the next stage of development. Dr. Chen attended trade
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`shows in medical device manufacture. Dr. Chen engaged consultants including engineers to help
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`develop the device and former regulators to explore the pathway for FDA approval. Prototypes were
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`constructed and animal lab facilities were evaluated.
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`23.
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`Dr. Chen next embarked on raising venture capital to prove the concept. Given his
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`past experience in the venture business, Dr. Chen adopted a set of practices for disclosure to protect
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`the intellectual properties he developed. Under this set of practices, Dr. Chen did not disclose any
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`trade secret information to anyone unless he had confirmed an agreement that it would be kept
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`confidential. On January 25, 2005, Dr. Chen spoke with Dr. Samuel Wu, M.D. of SV Life Sciences
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`(predecessor of SV Health) to discuss Fulfillium’s technology on a confidential basis. All parties
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`confirmed that the conversations regarding Dr. Chen’s ideas were subject to an oral agreement of
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`confidentiality. On February 10, 2005, Dr. Chen attended a meeting including the SV Life Sciences
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`team in Boston led by partner David Milne via a videoconference call hosted at the SV Life Sciences
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`offices at 950 Tower Lane, Ste. 1535, Foster City, California. Dr. Chen understood the meeting to be
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`confidential and, consistent with that, Dr. Chen’s presentation slides were all marked “STRICTLY
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`CONFIDENTIAL.” All parties confirmed that the conversations surrounding this meeting were
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`subject to an oral agreement of confidentiality.
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`24.
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`In addition, SV Life Sciences representatives had due diligence calls with various
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`Fulfillium scientific advisors. These due diligence phone calls were for expert validation of
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`Fulfillium’s therapeutic concept and did not include presentations of Fulfillium’s product
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`development plans or trade secrets.
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`25.
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`Dr. Wu informed Dr. Chen that the due diligence was “looking good” and that SV Life
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`Sciences was contemplating a term sheet. Dr. Wu noted that although he, in California, had taken a
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`point person role in the development of the deal, SV Life Sciences’ medical device group was
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`headquartered in Boston and he was not part of the group. Thus, going forward SV Life Sciences
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`would prefer to partner with a venture capital firm in California who could more effectively monitor
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`Fulfillium’s activities.
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`26.
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`Among other venture capital firms, Dr. Chen separately gave a confidential
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`presentation to Sprout Partners. Dr. Chen delivered the presentation to Sprout partners Jeani
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`Delagardelle at Sprout’s Menlo Park office and Andrew Firlik, M.D. via conference call on March 4,
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`2005. Sprout and Fulfillium understood that the conversations surrounding this presentation were
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`confidential because the parties previously signed and executed a written non-disclosure agreement.
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`Ms. Delagardelle later invited Dr. Chen to attend as Sprout’s guest at the annual American Heart
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`Association luncheon, a key event in the industry. Ms. Delagardelle took on a lead role by referring
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`another venture capital firm as a potential co-investor. Dr. Chen eventually made an introduction
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`between SV Life Sciences and Sprout.
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`27.
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`During the foregoing meetings and communications with SV Life Sciences and
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`Sprout, Dr. Chen provided confidential and detailed disclosures of Fulfillium’s preferred clinical trial
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`design and regulatory approval strategy. All of the relevant parties to the foregoing meetings and
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`communications understood the conversations that occurred were subject to either oral or written
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`agreements of confidentiality.
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`28.
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`On information and belief, neither SV Life Sciences nor Sprout had any substantial
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`previous knowledge or experience with balloon treatments for obesity.
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`29.
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`On information and belief, all of SV Life Sciences’ and Sprout’s knowledge
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`concerning Dr. Chen’s novel balloon designs for obesity as of the Spring of 2005 was supplied by Dr.
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`30.
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`In the Spring of 2005, Ms. Delagardelle indicated that the due diligence process would
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`be delayed somewhat due to the fact that the healthcare group principals of Sprout were forming a
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`new firm, New Leaf Venture Partners. Ms. Delagardelle asked Dr. Chen if this would pose a
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`problem. Dr. Chen responded that time was of the essence but a short delay under the circumstances
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`would be manageable.
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`31. Meanwhile, Dr. Chen continued to interface with SV Life Sciences. SV Life Sciences
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`arranged for Dr. Chen to meet George Wallace (venture partner for SV Life Sciences) on May 16,
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`2005 at a restaurant in Chicago. During the meeting Mr. Wallace proposed terms and conditions
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`under which he would work with Fulfillium. In addition to other compensation, Mr. Wallace
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`demanded greater than 25% stake in Fulfillium after the first round of financing by venture capital
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`firms. Given the ownership dilution that typically occurs during the first round of financing, Mr.
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`Wallace was effectively demanding majority ownership of Fulfillium. Dr. Chen noted that Mr.
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`Wallace’s requested equity share was more than two to four times greater than that typically allotted
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`to a CEO brought in to run a company at Fulfillium’s stage of development. Mr. Wallace offered no
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`justification other than to say that he needed to compensate his business partner, a practicing
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`radiologist in Minnesota, and would not proceed without including his business partner. Dr. Chen
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`never disclosed the trade secrets to Mr. Wallace.
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`32.
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`Thereafter, no further discussion took place between Mr. Wallace and Dr. Chen.
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`Instead, unbeknownst to Dr. Chen, decision makers in SV Life Sciences sought to launch a new
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`company with Mr. Wallace as the CEO based on Fulfillium’s technology and trade secrets, which
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`were misappropriated despite the repeated oral agreements of confidentiality with SV Life Sciences.
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`In the early summer of 2005, Ms. Delagardelle of New Leaf sent a brief email to Dr. Chen advising
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`that New Leaf was considering a deal that SV Life Sciences was proposing. Dr. Chen presumed that
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`SV Life Sciences was proposing bringing to market an alternative solution that would be different
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`from the technology developed and confidentially disclosed by Dr. Chen. Dr. Chen would later
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`discover that SV Life Sciences’ venture headed by Mr. Wallace was premised not on some
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`alternative solution but rather Fulfillium’s technology and trade secrets.
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`33.
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`On information and belief, Mr. Wallace’s new company, called Abdominis, Inc., was
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`formed during the summer of 2005 and was funded by New Leaf, Intersect Partners, and SV Life
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`Sciences. Upon information and belief, both SV Life Sciences, Intersect Partners, and New Leaf not
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`only provided capital, but as typical early stage venture capital firms, provided direct guidance in the
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`company’s development and controlled the operations of the company through their board
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`membership.
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`34.
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`Abdominis was subsequently renamed ReShape Medical, Inc. Hereafter, “Reshape
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`Medical, Inc.” will refer to Abdominis, Inc. and its successor-in-interest Reshape Medical, Inc.
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`35.
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`As is typical for a medical start-up company, ReShape Medical, Inc. operated in
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`“stealth mode” during development. ReShape Medical, Inc. started pivotal clinical trials in 2012 and
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`applied for FDA approval in 2014. The FDA granted Pre-Marketing Approval to the ReShape
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`Duo™ device and treatment method on July 28, 2015.
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`36. When ReShape Medical, Inc. emerged from stealth mode and began commercial
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`operations, Dr. Chen learned that ReShape Medical, Inc. had copied his trade secrets, including his
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`entire clinical trial “playbook.” ReShape Medical, Inc. copied, among other things, Dr. Chen’s
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`clinical trial design and his selection of the principal investigator.
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`37.
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`On information and belief, the board of directors and officers of ReShape Medical,
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`Inc. knew or had reason to know of the foregoing facts and events at the time ReShape Medical, Inc.
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`first submitted the ReShape Duo™ product for FDA approval in 2012.
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`38.
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`On October 2, 2017, EnteroMedics, Inc. acquired ReShape Medical, Inc. for cash and
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`securities in the value of approximately $38 million. This acquisition and merger was announced on
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`October 3, 2017. http://ir.enteromedics.com/releasedetail.cfm?ReleaseID=1042545. ReShape
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`Medical LLC is an additional entity that resulted from this merger. On October 23, 2017,
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`EnteroMedics, Inc. announced its name change to ReShape Lifesciences Inc.
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`http://ir.enteromedics.com/releasedetail.cfm?ReleaseID=1044913.
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`39.
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`Upon information and belief, as a result of the aforementioned merger, ReShape
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`Medical LLC and ReShape Lifesciences Inc. are the entities that now hold the liabilities of ReShape
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`Medical, Inc. Fulfillium reserves the right to include additional entities if it later discovers that
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`ReShape Medical, Inc.’s liabilities have been transferred elsewhere as a result of the aforementioned
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`FIRST CAUSE OF ACTION
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`TRADE SECRET MISAPPROPRIATION
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`(Against All Defendants)
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`40.
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`Plaintiff incorporates by reference the preceding paragraphs of this Complaint as
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`though fully set forth herein.
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`41.
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`This claim is asserted against ReShape Medical LLC, Intersect Partners, and SV
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`Health for misappropriation of Fulfillium’s trade secrets and for conspiring to misappropriate such
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`trade secrets.
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`42.
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`The specific trade secrets that ReShape Medical, Inc., Intersect Partners, SV Health,
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`and/or their agents misappropriated, despite the repeated oral and/or written agreements of
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`confidentiality, include at least three aspects of Dr. Chen’s clinical trial “playbook.” Three key
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`protocols in the playbook optimized the experimental rigor of the trial, especially in combination, in
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`contrast to the typical product development approach to optimize the conditions for favorable
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`outcomes. The first is the counterintuitive control arm that “stacked the deck” against the
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`experimental arm. To tease out efficacy due to the device alone, the device therapy had to show
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`COMPLAINT FOR TRADE SECRET
`MISAPPROPRIATION
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`statistically better results over the most efficacious non-interventional therapy available, namely diet
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`and exercise counseling. The second is the trial primary and secondary endpoints that set high bars
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`for not just efficacy but clinical efficacy. To gain acceptance in the bariatric scientific community,
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`not only the results have to be statistically significant, but the difference between the two arms had to
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`be wide enough to warrant an interventional device therapy. The third is the counterintuitive and
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`gastric device-focused principal investigator selection premise. To provide even further confidence
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`in the results to overcome the stigma of gastric balloons, the trial was to be conducted under the
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`watchful eyes of investigators of consummate skill and reputation. All of the above were developed
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`after Dr. Chen’s extensive study of the shortcomings of previous gastric devices.
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`43.
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`Upon information and belief, based on EnteroMedics’s acquisition of ReShape
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`Medical, Inc. and the publically available regulatory documents relating to said merger, ReShape
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`Medical LLC assumed all, or at least a portion of, the liabilities of ReShape Medical, Inc., including
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`the present trade secret misappropriation claims. To the extent that ReShape Medical LLC has taken
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`on the liability of ReShape Medical, Inc., it is liable for ReShape Medical, Inc.’s misappropriation;
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`and/or to the extent ReShape Medical LLC continues to rely on and/or profit from ReShape Medical,
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`Inc.’s misappropriation, it is liable for that continuing activity. Fulfillium reserves the right to assert
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`this count against additional entities if it later discovers that ReShape Medical, Inc.’s liabilities have
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`been transferred elsewhere as a result of the aforementioned merger.
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`44.
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`The disclosures of each of these three trade secrets were made pursuant to the
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`aforementioned written and/or oral agreements of confidentiality to SV Life Sciences, Intersect
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`Partners and New Leaf. On information and belief, these trade secrets were conveyed to Mr.
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`Wallace, Intersect Partners, ReShape Medical LLC and SV Health who each used them for their own
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`benefit.
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`45.
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`A significant portion of the information used by ReShape Medical, Inc. to design its
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`device and obtain FDA approval constitute Fulfillium trade secrets in that they: (a) constitute
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`information that derives independent economic value from not being generally known to the public or
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`to other persons who can obtain economic value from its disclosure or use; and (b) have been the
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`subject of reasonable efforts to maintain their secrecy.
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`COMPLAINT FOR TRADE SECRET
`MISAPPROPRIATION
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`46.
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`Through SV Life Sciences (SV Health) and Intersect Partners (and their
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`misappropriation of Dr. Chen’s trade secrets, which were protected via repeated confidentiality
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`agreements), Mr. Wallace, and Sprout, ReShape Medical LLC, Intersect Partners, and SV Health
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`acquired confidential, expert validated, trade secret information about all aspects of Fulfillium’s
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`business, including clinical trial design and regulatory strategy. Specifically, ReShape Medical LLC,
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`Intersect Partners, and SV Health misappropriated at least the three aforementioned aspects of Dr.
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`Chen and Fulfillium’s clinical trial playbook.
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`47.
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`Upon information and belief, ReShape Medical LLC, Intersect Partners, and SV
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`Health have relied upon and used that trade secret information in some or all aspects of its business,
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`including raising capital, product design, procedure design, and FDA clinical trial design.
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`48.
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`The actions alleged above constitute a wrongful misappropriation of Fulfillium’s trade
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`secrets. They also constitute a wrongful conspiracy among the board directors and officers of and
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`investors in ReShape Medical LLC, Intersect Partners, and SV Health to misappropriate Fulfillium’s
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`trade secrets.
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`49.
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`As a direct and proximate result of the actions alleged above, Fulfillium has been shut
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`out of the market. By misappropriating Fulfillium’s technology and launching a competing company,
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`ReShape Medical LLC, Intersect Partners, and SV Health prevented Fulfillium from raising the funds
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`required to bring its product to market.
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`50.
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`As a direct and proximate result of the actions alleged above, ReShape Medical LLC,
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`Intersect Partners, and SV Health have been unjustly enriched in an amount no less than the business
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`opportunity deprived from Fulfillium.
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`51.
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`In doing the acts hereinabove alleged, each of ReShape Medical LLC, Intersect
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`Partners, and SV Health and its investors have engaged in willful and malicious misappropriation by
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`reason thereof, and Fulfillium is entitled, as against each of them, to twice the amount of its actual
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`damages and/or the amounts by which ReShape Medical LLC, Intersect Partners, and SV Health
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`have been unjustly enriched as exemplary damages pursuant to Civil Code § 3426.3(c).
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`52.
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`By the aforesaid acts, ReShape Medical LLC, Intersect Partners, and SV Health have
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`irreparably injured Fulfillium and such injury will continue unless enjoined by this Court.
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`COMPLAINT FOR TRADE SECRET
`MISAPPROPRIATION
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`PRAYER
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`WHEREFORE, Plaintiff prays for judgment against Defendants as set forth below:
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`1.
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`An adjudication that each of ReShape Medical LLC, Intersect Partners, and SV Health
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`has misappropriated and conspired to misappropriate Fulfillium’s trade secrets;
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`2.
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`An adjudication that Fulfillium have judgment against each of Defendants for
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`compensatory damages and/or unjust enrichment in an amount not less than the sum of $50 million;
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`3.
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`An adjudication that Fulfillium have judgment against each of ReShape Medical LLC,
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`Intersect Partners, and SV Health for exemplary damages under Civil Code § 3624.3(c) in the amount
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`not less than twice the amount of Fulfillium’s actual damage or the amounts by which each of
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`ReShape Medical LLC, Intersect Partners, and SV Health has been unjustly enriched;
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`4.
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`An adjudication that each of Defendants be ordered to deliver up to Fulfillium all
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`documents, electronic and otherwise, containing Fulfillium trade secret information, and all products
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`developed using such information;
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`5.
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`An adjudication that each of Defendants and their subsidiaries, affiliates, parents,
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`successors, assigns, officers, agents, servants, employees, attorneys, and all persons acting in concert
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`or in participation with them, or any of them, be temporarily and preliminarily enjoined during the
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`pendency of this action, and permanently enjoined thereafter, from further misappropriation,
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`disclosure and/or use of any Fulfillium trade secret information.
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`6.
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`An award of Fulfillium’s reasonable costs and fees, including attorneys’ fees, with
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`interest; and
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`7.
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`An award to Fulfillium of such other and further relief as this Court deems just and
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`proper.
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`Plaintiff Fulfillium, Inc. demands a trial by jury for all those issues so triable.
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`JURY DEMAND
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`COMPLAINT FOR TRADE SECRET
`MISAPPROPRIATION
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`Dated: September 7, 2018
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`LAW OFFICES OF SETH W. WIENER
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`By: ________________________________________
`Seth W. Wiener
`Attorneys for Plaintiff
`Fulfillium, Inc.
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`COMPLAINT FOR TRADE SECRET
`MISAPPROPRIATION
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`EXHIBIT 1
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`EXHIBIT 1
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`RESHAPE 1027
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`RESHAPE 1027
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`About SV – SV
`
`http://svhealthinvestors.com/about/
`
`mm
`
`T
`
`)
`
`V
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`1
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`-
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`Hands-on
`business
`partners
`
`SV Health Investors, formerly SV Life Sciences,
`is a leading healthcare and life sciences
`venture capital and growth equity firm.
`
`Our goal is to transform healthcare - one investment at a time
`- by supporting the entrepreneurs who create and build
`breakthrough companies and treatments.
`
`With over $2 billion in capital under management in seven
`private healthcare funds, a 20-year track record in the US and
`Europe and offices in Boston, San Francisco and London, SV
`Health Investors drives game-changing innovation.
`
`Transforming
`healthcare
`
`We are more than investors - because
`healthcare entrepreneurs need more than
`money.
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`About SV – SV
`
`http://svhealthinvestors.com/about/
`
`operating experience. We’ve faced and overcome the full
`range of industry challenges. We’ve walked in the
`entrepreneur’s shoes - we’ve founded and run businesses
`ourselves. As a result of our experience, we’re able to spot
`issues and opportunities.
`
`We don’t take a one-size-fits-all approach to investing. We are
`organized by sector, and we develop specific strategies for
`three healthcare segments: Biotechnology, Medical Devices,
`and Healthcare Services and Digital Health.
`
`Through our multi-sector domain expertise, extensive industry
`relationships and diverse, experienced team of exclusive
`venture partners who are proven company builders, we work
`hands-on with our portfolio companies as trusted advisers
`and partners fr