IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ETHICON LLC, ETHICON ENDO-
`SURGERY, INC., and ETHICON US LLC.
`
`Plaintiffs,
`
`v.
`
`INTUITIVE SURGICAL, INC.,
`INTUITIVE SURGICAL OPERATIONS,
`INC., and INTUITIVE SURGICAL
`HOLDINGS, LLC
`
`Defendants.
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`
`C.A. No.
`
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiffs Ethicon LLC, Ethicon Endo-Surgery, Inc., and Ethicon US, LLC (collectively
`
`“Ethicon” or “Plaintiffs”) file this Complaint for patent infringement against Defendants
`
`Intuitive Surgical, Inc., Intuitive Surgical Operations, Inc., and Intuitive Surgical Holdings,
`
`LLC (collectively, “Defendants”), and allege as follows:
`
`Nature of the Action
`
`1.
`
`This is an action for infringement of United States Patent Nos. 9,585,658 (“the 658
`
`Patent”), 8,479,969 (“the 969 Patent”), 9,113,874 (“the 874 Patent”), 8,998,058 (“the 058
`
`Patent”), 8,991,677 (“the 677 Patent”), and 9,084,601 (“the 601 Patent”) (collectively, “the
`
`Asserted Patents”) under the United States Patent Laws, 35 U.S.C. § 1 et seq.
`
`2.
`
`Ethicon brings this action against Defendants because of their systematic
`
`infringement of Ethicon’s valuable patent rights. In addition to seeking damages for Defendants’
`
`infringement of Ethicon’s patent rights, Ethicon seeks to enjoin Defendants’ continued
`
`infringement.
`
`1
`
`Exhibit 1026
`Intuitive v. Ethicon
`IPR2018-01247
`
`

`

`The Parties
`
`3.
`
`Plaintiff Ethicon LLC (f/d/b/a as Ethicon Endo-Surgery, LLC) is a limited liability
`
`company organized under the laws of the State of Delaware, having its headquarters and principal
`
`place of business at 475 Street C, Los Frailes Industrial Park, Guaynabo, PR 00969.
`
`4.
`
`Plaintiff Ethicon Endo-Surgery, Inc. is a corporation organized under the laws of
`
`Ohio having its headquarters and principal place of business at 4545 Creek Road, Cincinnati, OH
`
`45242.
`
`5.
`
`Plaintiff Ethicon US, LLC is a limited liability company organized under the laws
`
`of Texas having its headquarters and principal place of business at 4545 Creek Road, Cincinnati
`
`45242. Ethicon US, LLC is a wholly-owned subsidiary of Ethicon Endo-Surgery, Inc.
`
`6.
`
`Ethicon is a leading designer, manufacturer, and provider of innovative medical
`
`devices for surgical procedures, including its ECHELON FLEX™ endocutters and ECHELON
`
`ENDOPATH™ reload cartridges.
`
`7.
`
`On information and belief, Defendant Intuitive Surgical Inc. is a corporation
`
`organized under the laws of the State of Delaware, with its principal place of business at 1266
`
`Kifer Road, Building 101, Sunnyvale, CA 94086.
`
`8.
`
`On information and belief, Defendant Intuitive Surgical Operations, Inc. is a
`
`privately held corporation organized under the laws of the State of Delaware, with its principal
`
`place of business at 1020 Kifer Rd, Sunnyvale, CA 94086.
`
`9.
`
`On information and belief, Defendant Intuitive Surgical Operations, Inc. is a
`
`wholly-owned subsidiary of Defendant Intuitive Surgical, Inc.
`
`10.
`
`On information and belief, Defendant Intuitive Surgical Holdings, LLC is a limited
`
`liability company organized under the laws of the State of Delaware, with its principal place of
`
`business at 1020 Kifer Rd, Sunnyvale, CA 94086.
`
`2
`
`

`

`11.
`
`On information and belief, Defendant Intuitive Surgical Holdings LLC is wholly-
`
`owned by Defendant Intuitive Surgical, Inc.
`
`Jurisdiction and Venue
`
`12.
`
`This is an action for patent infringement arising under the United States Patent
`
`Act, 35 U.S.C. § 1, et seq. This Court has subject matter jurisdiction over Ethicon’s claims under
`
`28 U.S.C. §§ 1331 and 1338(a).
`
`13.
`
`This Court has personal jurisdiction over Defendants at least because each
`
`Defendant is organized under the laws of the State of Delaware, and is thus a resident of
`
`Delaware. On information and belief, this Court also has personal jurisdiction over Defendants
`
`because they have committed acts of infringement in this District by offering to sell and/or selling
`
`infringing products in Delaware. For example, the Helen F. Graham Cancer Center & Research
`
`Institute is located in Newark, Delaware, and advertises use of the da Vinci Robotic System that is
`
`made and sold by Defendants. See
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`https://christianacare.org/services/cancer/cancersurgery/davinci/.
`
`14.
`
`Venue is proper in this District under 28 U.S.C. § 1400(b) because Defendants
`
`reside in Delaware.
`
`The Asserted Patents
`
`15.
`
`The 658 Patent is titled “Stapling Systems,” and was issued by the United States
`
`Patent and Trademark Office (“USPTO”) on March 7, 2017. Ethicon LLC is the owner by
`
`assignment of the entire right, title and interest in and to the 658 Patent. Ethicon LLC has
`
`exclusively licensed Ethicon Endo-Surgery, Inc. to sell products in the United States that would
`
`infringe the 658 Patent absent a license. Ethicon Endo-Surgery, Inc. has exclusively sublicensed
`
`that right to Ethicon US, LLC. A true and correct copy of the 658 Patent is attached hereto as
`
`Exhibit A.
`
`3
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`

`

`16.
`
`The 969 Patent is titled “Drive Interface for Operably Coupling a Manipulatable
`
`Surgical Tool to a Robot,” and was issued by the USPTO on July 9, 2013. Ethicon LLC is the
`
`owner by assignment of the entire right, title and interest in and to the 969 Patent. Ethicon LLC
`
`has exclusively licensed Ethicon Endo-Surgery, Inc. to sell products in the United States that
`
`would infringe the 969 Patent absent a license. Ethicon Endo-Surgery, Inc. has exclusively
`
`sublicensed that right to Ethicon US, LLC. A true and correct copy of the 969 Patent is attached
`
`hereto as Exhibit B.
`
`17.
`
`The 874 Patent is titled “Surgical Instrument System,” and was issued by the
`
`USPTO on August 25, 2015. Ethicon LLC is the owner by assignment of the entire right, title
`
`and interest in and to the 874 Patent. Ethicon LLC has exclusively licensed Ethicon Endo-
`
`Surgery, Inc. to sell products in the United States that would infringe the 874 Patent absent a
`
`license. Ethicon Endo-Surgery, Inc. has exclusively sublicensed that right to Ethicon US, LLC. A
`
`true and correct copy of the 874 Patent is attached hereto as Exhibit C.
`
`18.
`
`The 058 Patent is titled “Detachable Motor Powered Surgical Instrument,” and was
`
`issued by the USPTO on April 7, 2015. Ethicon LLC is the owner by assignment of the entire
`
`right, title and interest in and to the 058 Patent. Ethicon LLC has exclusively licensed Ethicon
`
`Endo-Surgery, Inc. to sell products in the United States that would infringe the 058 Patent absent
`
`a license. Ethicon Endo-Surgery, Inc. has exclusively sublicensed that right to Ethicon US, LLC..
`
`A true and correct copy of the 058 Patent is attached hereto as Exhibit D.
`
`19.
`
`The 677 Patent is titled “Detachable Motor Powered Surgical Instrument,” and was
`
`issued by the USPTO on March 31, 2015. Ethicon LLC is the owner by assignment of the entire
`
`right, title and interest in and to the 677 Patent. Ethicon LLC has exclusively licensed Ethicon
`
`Endo-Surgery, Inc. to sell products in the United States that would infringe the 677 Patent absent
`
`4
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`

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`a license. Ethicon Endo-Surgery, Inc. has exclusively sublicensed that right to Ethicon US, LLC..
`
`A true and correct copy of the 677 Patent is attached hereto as Exhibit E.
`
`20.
`
`The 601 Patent is titled “Detachable Motor Powered Surgical Instrument,” and was
`
`issued by the USPTO on July 21, 2015. Ethicon LLC is the owner by assignment of the entire
`
`right, title and interest in and to the 601 Patent. Ethicon LLC has exclusively licensed Ethicon
`
`Endo-Surgery, Inc. to sell products in the United States that would infringe the 601 Patent absent
`
`a license. Ethicon Endo-Surgery, Inc. has exclusively sublicensed that right to Ethicon US, LLC..
`
`A true and correct copy of the 601 Patent is attached hereto as Exhibit F.
`
`Surgical Staplers and Endocutters
`
`21.
`
`Ethicon designs and sells a variety of surgical stapling instruments, including
`
`endocutters. An endocutter is an instrument that both cuts and staples tissue. An endocutter can
`
`be used in place of traditional scalpel-and-suture techniques, and is therefore useful in a wide
`
`variety of surgical procedures. Endocutters are particularly useful in laparoscopic surgery (also
`
`referred to as minimally invasive surgery).
`
`22.
`
`Ethicon is a market leader in developing endocutter technology. Ethicon
`
`introduced its first endocutter in 1996. In 2011, Ethicon introduced to the market the first motor-
`
`powered endocutter—the ECHELON FLEX™ Powered ENDOPATH® Stapler. Ethicon’s motor-
`
`powered endocutters dramatically reduce the force required to operate an endocutter, thereby
`
`minimizing unwanted movement of the device during procedures that could result in increased
`
`tissue trauma. In 2014, Ethicon introduced its ECHELON FLEX™ Stapler with Gripping Surface
`
`Technology (GST), which greatly reduces tissue slippage while firing the stapler.
`
`23.
`
`Ethicon designs, manufactures, and sells several endocutter products, including
`
`both powered and non-powered endocutters. In addition, Ethicon offers endocutter products that
`
`5
`
`

`

`produce staple lines of different lengths. For example, the ECHELON FLEX™ Powered Vascular
`
`Stapler produces a staple line that is approximately 35 mm long, and is designed for use in
`
`vascular applications. Ethicon’s ECHELON FLEX™ Powered ENDOPATH® Stapler is offered
`
`in models that produce a 45 mm or 60 mm staple line, and can be used in a variety of surgeries,
`
`including but not limited to thoracic, bariatric, and colorectal procedures. Ethicon’s 60 mm staple
`
`line endocutter products are the market leader for use in bariatric procedures.
`
`24.
`
`On information and belief, Defendants began offering for sale endocutter products
`
`in competition with Ethicon’s endocutters in 2013. Defendants’ EndoWrist Stapler 30 produces a
`
`staple line that is approximately 30 mm long, and Defendants’ EndoWrist Stapler 45 produces a
`
`staple line that is approximately 45 mm long. On information and belief, Defendants do not
`
`currently offer for sale an endocutter product that produces a 60 mm staple line.
`
`Background of the Accused Products
`
`25.
`
`Da Vinci Surgical Systems. Defendants make, use, sell, offer for sale, and/or
`
`import products under the da Vinci Surgical System brand that includes surgical instrument
`
`technology. These products include, but are not limited to, the da Vinci Xi and da Vinci Si
`
`systems.
`
`26.
`
`Defendants describe the da Vinci Surgical System as including a “surgeon’s
`
`console, a patient-side cart, and a high performance vision system.” See Intuitive Surgical, Inc.,
`
`2016 Form 10-K at 4. Defendants further describe the da Vinci Surgical System as “designed to
`
`enable surgeons to perform a wide range of surgical procedures, within our targeted gynecologic,
`
`urologic, general surgery, cardiothoracic and head and neck specialties.” See Intuitive Surgical,
`
`Inc., 2016 Form 10-K, at 5.
`
`27.
`
`Defendants describe the da Vinci Xi Surgical System as including a “Surgeon
`
`Console, a Patient Cart, and a Vision Cart and is used with an endoscope, da Vinci Xi EndoWrist
`
`6
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`

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`instruments, and accessories.” da Vinci Xi System User Manual (551400_10B) at 33. Defendants
`
`also describe the da Vinci Xi Surgical System as being “designed to enable complex surgery using
`
`a minimally invasive approach.” da Vinci Xi System User Manual (551400_10B) at 33.
`
`28.
`
`Defendants describe the da Vinci Si Surgical System as including a “Surgeon
`
`Console, the Patient Cart, and the Vision Cart” and is used with da Vinci Si EndoWrist
`
`instruments and accessories. da Vinci Si System User Manual (550650_09A) at 32; see also id. at
`
`19, 34. Defendants also describe the da Vinci Si Surgical System as a “robotic platform designed
`
`to enable complex surgery using a minimally invasive approach.” da Vinci Si System User
`
`Manual (550650_09A) at 32.
`
`29.
`
`EndoWrist Instruments. Defendants make, use, sell, offer for sale, and/or import
`
`products under the EndoWrist brand that includes surgical instruments for use with its da Vinci
`
`Surgical Systems. These products include but are not limited to the EndoWrist Stapler 30 for the
`
`da Vinci Xi Surgical System, and the EndoWrist Stapler 45 for the da Vinci Xi and Si Surgical
`
`Systems, each used with Stapler Reload cartridges (the “accused EndoWrist Staplers”).
`
`30.
`
`Defendants describe the EndoWrist Stapler 30 as “a wristed, stapling instrument
`
`intended for resection, transection and/or creation of anastomoses.” Intuitive Surgical, Inc., 2016
`
`Form 10-K at 43. Defendants further describe the EndoWrist Stapler 30 as “intended to deliver
`
`particular utility with fine tissue interaction in lobectomy and other thoracic procedures.”
`
`Intuitive Surgical, Inc., 2016 Form 10-K at 43. The EndoWrist Stapler 30 produces a staple line
`
`that is approximately 33 mm long. da Vinci Xi EndoWrist Stapler 30/45 User Manual Addendum
`
`(551681_07C) at 13. On information and belief, the EndoWrist Stapler 30 was first introduced
`
`into the market in 2016.
`
`7
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`

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`31.
`
`Defendants describe the EndoWrist Stapler 45 as a “wristed, stapling instrument
`
`intended for resection, transection and/or creation of anastomoses in general, gynecologic, and
`
`urologic surgery.” Intuitive Surgical, Inc., 2016 Form 10-K at 43. The EndoWrist Stapler 45
`
`produces a staple line that is approximately 45 mm long. da Vinci Xi EndoWrist Stapler 30/45
`
`User Manual Addendum (551681_07C) at 13; da Vinci Si EndoWrist Stapler 45 User Manual
`
`Addendum (550986_09A) at 12. On information and belief, the EndoWrist Stapler 45 was first
`
`introduced into the market in 2013.
`
`32.
`
`Defendants describe the da Vinci Xi EndoWrist 45 Stapler System and Stapler 45
`
`Reloads as “intended to be used with the da Vinci Surgical System (Model IS4000) for resection,
`
`transection, and/or creation of anastomoses in General, Thoracic, Gynecologic and Urologic
`
`surgery.” da Vinci Xi EndoWrist Stapler 30/45 User Manual Addendum (551681_07C) at 6.
`
`33.
`
`On information and belief, the EndoWrist Stapler 30 and EndoWrist Stapler 45 for
`
`use with the da Vinci Xi Surgical System have the same general structure and functionality.
`
`34.
`
`Defendants describe the da Vinci Si EndoWrist 45 Stapler System and EndoWrist
`
`Stapler 45 Reloads as “intended to be used with the da Vinci Si Surgical System (Model IS3000)
`
`for resection, transection and/or creation of anastomoses in General, Gynecologic and Urologic
`
`surgery. da Vinci Si EndoWrist Stapler 45 User Manual Addendum (550986_09A) at 6.
`
`35.
`
`Defendants describe the EndoWrist Stapler Reloads as “sterile, disposable, single-
`
`use cartridges that contain staggered rows of unformed titanium alloy staples and a cutting blade.”
`
`da Vinci Xi EndoWrist Stapler 30/45 User Manual Addendum (551681_07C) at 13; da Vinci Si
`
`EndoWrist Stapler 45 User Manual Addendum (550986_09A) at 12.
`
`8
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`36.
`
`The Accused da Vinci Surgical Systems and Accused EndoWrist Staplers together
`
`infringe the Asserted Patents. As a result of Defendants’ infringement and the threat of its
`
`continued infringement, Ethicon faces a substantial risk of irreparable harm.
`
`Claim for Relief – Infringement of the 658 Patent
`
`Ethicon incorporates by reference the allegations in paragraphs 1-36 above.
`
`The 658 Patent is generally directed to a novel stapling system. Claim 1 of the 658
`
`37.
`
`38.
`
`Patent states as follows:
`
`1. A stapling system, comprising:
`
`a housing comprising a rotary drive member;
`
`an elongate shaft extending from said housing, wherein said elongate shaft defines
`
`a longitudinal axis;
`
`an end effector, comprising:
`
`a jaw configured to support a staple cartridge; and
`
`an anvil rotatable relative to said jaw between an open position and a fully-closed
`
`position, wherein said anvil comprises a cam surface;
`
`a closure cam operably coupled with said rotary drive member, wherein said
`
`closure cam is configured to move longitudinally to engage said cam surface
`
`and transmit a closing motion to said anvil to move said anvil into said fully-
`
`closed position; and
`
`an opening member configured to move longitudinally to apply an opening force
`
`to said anvil at a location other than said cam surface to move said anvil into
`
`said open position.
`
`39.
`
`Defendants directly infringe at least claims 1, 2-5, 6, 7-10, 11, 12, 13, and 14 of the
`
`658 Patent under 35 U.S.C. § 271(a), either literally or under the doctrine of equivalents, by
`
`9
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`

`

`making, selling, offering to sell, using, and/or importing the Accused EndoWrist Staplers.
`
`Attached hereto as Exhibit G is a non-limiting example demonstrating how the Accused
`
`EndoWrist Staplers meet each and every element of at least claims 1, 2-5, 6, 7-10, 11, 12, 13, and
`
`14 of the 658 Patent.
`
`40.
`
`Defendants’ infringement of the 658 Patent has injured Ethicon in its business and
`
`property rights. Ethicon is entitled to recovery of monetary damages for such injuries pursuant to
`
`35 U.S.C. ¶ 284 in an amount to be determined at trial.
`
`41.
`
`Defendants’ infringement of the 658 Patent has caused irreparable harm to Ethicon
`
`and will continue to cause such harm unless and until their infringing activities are enjoined by
`
`this Court.
`
`42.
`
`43.
`
`Claim for Relief – Infringement of the 969 Patent
`
`Ethicon incorporates by reference the allegations in paragraphs 1-41 above.
`
`The 969 Patent is generally directed to a novel surgical tool for use with a robotic
`
`system. Claim 23 of the 969 Patent states as follows:
`
`23. A surgical tool for use with a robotic system that has a tool drive assembly that
`
`is operatively coupled to a control unit of the robotic system that is operable by
`
`inputs from an operator and is configured to provide at least one rotary output
`
`motion to at least one rotatable body portion supported on the tool drive
`
`assembly, said surgical tool comprising:
`
`a surgical end effector comprising at least one component portion that is
`
`selectively movable between first and second positions relative to at least one
`
`other component portion thereof in response to control motions applied to said
`
`selectively movable component portion;
`
`10
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`

`an elongated shaft assembly including a distal end operably coupled to said
`
`surgical end effector and defining a longitudinal tool axis, said elongated shaft
`
`assembly including a tube gear segment on a proximal end thereof; and
`
`a tool mounting portion operably coupled to said elongated shaft assembly, said
`
`tool mounting portion being configured to operably interface with the tool
`
`drive assembly when coupled thereto, said tool mounting portion comprising a
`
`rotational transmission assembly comprising a rotational gear assembly in
`
`meshing engagement with the tube gear segment and operably coupled to one
`
`of the at least one rotatable body portions supported on the tool drive assembly
`
`such that upon application of a rotary output motion in a first direction to said
`
`rotational gear assembly by said at least one rotatable body portion, said
`
`rotational gear assembly rotates said elongated shaft and said surgical end
`
`effector in a first rotary direction about said longitudinal tool axis and upon
`
`application of said rotary output motion in a second direction to said rotational
`
`gear assembly, said rotational gear assembly rotates said elongated shaft
`
`assembly and said surgical end effector about said longitudinal tool axis in a
`
`second rotary direction relative to the tool mounting portion.
`
`44.
`
`Defendants directly infringe at least claims 23 and 24 of the 969 Patent under 35
`
`U.S.C. § 271(a), either literally or under the doctrine of equivalents, by making, selling, offering
`
`to sell, using, and/or importing the Accused EndoWrist Staplers and the Accused da Vinci
`
`Surgical Systems. Attached hereto as Exhibit H is a non-limiting example demonstrating how the
`
`Accused EndoWrist Staplers and Accused da Vinci Surgical Systems meet each and every
`
`element of at least claims 23 and 24 of the 969 Patent.
`
`11
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`45.
`
`Defendants’ infringement of the 969 Patent has injured Ethicon in its business and
`
`property rights. Ethicon is entitled to recovery of monetary damages for such injuries pursuant to
`
`35 U.S.C. ¶ 284 in an amount to be determined at trial.
`
`46.
`
`Defendants’ infringement of the 969 Patent has caused irreparable harm to Ethicon
`
`and will continue to cause such harm unless and until their infringing activities are enjoined by
`
`this Court.
`
`47.
`
`48.
`
`Claim for Relief – Infringement of the 874 Patent
`
`Ethicon incorporates by reference the allegations in paragraphs 1-46 above.
`
`The 874 Patent is generally directed to an innovative surgical instrument that is
`
`remotely user-controlled. Claim 9 of the 874 Patent states as follows:
`
`9. A surgical instrument comprising:
`
`a surgical end effector comprising:
`
`a first jaw;
`
`a second jaw, wherein said first and second jaws are supported relative to each
`
`other such that one of said first and second jaws is movable between open and
`
`closed positions relative to the other of said first and second jaws in response
`
`to opening and closing motions applied thereto; and
`
`a driver element supported for axial travel through the surgical end effector in
`
`response to firing motions applied thereto and wherein said surgical
`
`instrument further comprises:
`
`a motor powered firing element configured to apply said firing motions to said
`
`driver element;
`
`a remotely user-controlled console electrically coupled to said surgical
`
`instrument; and
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`12
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`a reciprocatable closure element configured to apply said opening and closing
`
`motions to said one of said first and second jaws.
`
`49.
`
`Defendants directly infringe at least claims 9 and 20 of the 874 Patent under 35
`
`U.S.C. § 271(a), either literally or under the doctrine of equivalents, by making, selling, offering
`
`to sell, using, and/or importing the Accused EndoWrist Staplers. Attached hereto as Exhibit I is a
`
`non-limiting example demonstrating how the Accused EndoWrist Staplers meet each and every
`
`element of at least claims 9 and 20 of the 874 Patent.
`
`50.
`
`Defendants’ infringement of the 874 Patent has injured Ethicon in its business and
`
`property rights. Ethicon is entitled to recovery of monetary damages for such injuries pursuant to
`
`35 U.S.C. ¶ 284 in an amount to be determined at trial.
`
`51.
`
`Defendants’ infringement of the 874 Patent has caused irreparable harm to Ethicon
`
`and will continue to cause such harm unless and until their infringing activities are enjoined by
`
`this Court.
`
`52.
`
`53.
`
`Claim for Relief – Infringement of the 058 Patent
`
`Ethicon incorporates by reference the allegations in paragraphs 1-51 above.
`
`The 058 Patent is generally directed to a novel stapling system that selectively
`
`receives power from a power source. Claim 6 of the 058 Patent states as follows:
`
`6. A stapling system configured to be operably engaged with a surgical instrument
`
`system, said stapling system comprising:
`
`a staple cartridge carrier;
`
`a staple cartridge assembly supported by said staple cartridge carrier;
`
`an anvil supported relative to said staple cartridge carrier and movable from an
`
`open position to a closed position;
`
`13
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`a housing, wherein said staple cartridge carrier extends from said housing, and
`
`wherein said housing comprises a housing connector removably attachable to
`
`the surgical instrument system;
`
`a rotary shaft;
`
`an axial drive member operably engaged with said rotary shaft, wherein said axial
`
`drive member is selectively movable through said staple cartridge assembly
`
`from a start position to an end position when a rotary motion is applied to said
`
`rotary shaft; and
`
`an electric motor operably interfacing with said rotary shaft to selectively apply
`
`said rotary motion to said rotary shaft, wherein said electric motor is
`
`configured to receive power from a power source such that said electrical
`
`motor can only selectively receive power from said power source when said
`
`housing connector is attached to the surgical instrument.
`
`54.
`
`On information and belief, Defendants directly infringe at least claims 6, 7-10, 11,
`
`12-14, 15, and 16-18 of the 058 Patent under 35 U.S.C. § 271(a), either literally or under the
`
`doctrine of equivalents, by making, selling, offering to sell, using, and/or importing the Accused
`
`EndoWrist Staplers and da Vinci Si Surgical Systems. Attached hereto as Exhibit J is a non-
`
`limiting example demonstrating how the Accused EndoWrist Staplers and da Vinci Si Surgical
`
`System meet each and every element of at least claims 6, 7-10, 11, 12-14, 15, and 16-18.
`
`55.
`
`Defendants’ infringement of the 058 Patent has injured Ethicon in its business and
`
`property rights. Ethicon is entitled to recovery of monetary damages for such injuries pursuant to
`
`35 U.S.C. ¶ 284 in an amount to be determined at trial.
`
`14
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`56.
`
`Defendants’ infringement of the 058 Patent has caused irreparable harm to Ethicon
`
`and will continue to cause such harm unless and until their infringing activities are enjoined by
`
`this Court.
`
`57.
`
`58.
`
`Claim for Relief – Infringement of the 677 Patent
`
`Ethicon incorporates by reference the allegations in paragraphs 1-56 above.
`
`The 677 Patent is generally directed to a novel stapling sub-system for use with a
`
`surgical instrument system. Claim 6 of the 677 Patent states as follows:
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`6. A stapling sub-system configured to be operably engaged with a surgical
`
`instrument system, said stapling sub-system comprising:
`
`a staple cartridge carrier;
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`a staple cartridge assembly supported by said staple cartridge carrier;
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`an anvil supported relative to said staple cartridge carrier and movable from an
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`open position to a closed position;
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`a housing, wherein said staple cartridge carrier extends from said housing, and
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`wherein said housing comprises a housing connector removably attachable to
`
`the surgical instrument system; and
`
`a rotary drive system, comprising
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`a rotary shaft;
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`a translatable drive member operably engaged with said rotary shaft, wherein said
`
`translatable drive member is selectively translatable through said staple
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`cartridge assembly from a start position to an end position when a rotary
`
`motion is applied to said rotary shaft; and
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`an electric motor operably interfacing with said rotary shaft to selectively apply
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`said rotary motion to said rotary shaft, wherein said electric motor is operably
`
`disconnected from a power source when said housing is not attached to the
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`surgical instrument system, and wherein said electric motor is operably
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`connected to the power source when said housing is attached to the surgical
`
`instrument system.
`
`59.
`
`On information and belief, Defendants directly infringe at least claims 6, 7-10, 11,
`
`12-15, 17, and 18 of the 677 Patent under 35 U.S.C. § 271(a), either literally or under the doctrine
`
`of equivalents, by making, selling, offering to sell, using, and/or importing the Accused
`
`EndoWrist Staplers and da Vinci Si Surgical Systems. Attached hereto as Exhibit K is a non-
`
`limiting example demonstrating how the Accused EndoWrist Staplers and da Vinci Si Surgical
`
`System meet each and every element of at least claims 6, 7-10, 11-15, 17, and 18 of the 677
`
`Patent.
`
`60.
`
`Defendants’ infringement of the 677 Patent has injured Ethicon in its business and
`
`property rights. Ethicon is entitled to recovery of monetary damages for such injuries pursuant to
`
`35 U.S.C. ¶ 284 in an amount to be determined at trial.
`
`61.
`
`Defendants’ infringement of the 677 Patent has caused irreparable harm to Ethicon
`
`and will continue to cause such harm unless and until their infringing activities are enjoined by
`
`this Court.
`
`62.
`
`63.
`
`Claim for Relief – Infringement of the 601 Patent
`
`Ethicon incorporates by reference the allegations in paragraphs 1-61 above.
`
`The 601 Patent is generally directed to a novel surgical cutting and stapling
`
`instrument. Claim 1 of the 601 Patent states as follows:
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`1. A surgical cutting and stapling instrument comprising:
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`a housing including at least one engagement member for removably coupling the
`
`housing to an actuator arrangement;
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`first and second jaws operably coupled to the housing such that at least one said
`
`jaw is selectively movable relative to the other said jaw;
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`an axial drive assembly movably supported for selective axial travel relative to
`
`said first and second jaws;
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`a motor supported by said housing and operably interfacing with the axial drive
`
`assembly to selectively move said axial drive assembly between a starting
`
`position and an ending position relative to the first and second jaws; and
`
`a contact arrangement supported by said housing and configured to permit power
`
`to be supplied to the motor only when the housing is operably attached to the
`
`actuator arrangement.
`
`64.
`
`On information and belief, Defendants directly infringe at least claims 1, 2, and 8-
`
`10 of the 601 Patent under 35 U.S.C. § 271(a), either literally or under the doctrine of equivalents,
`
`by making, selling, offering to sell, using, and/or importing the Accused EndoWrist Staplers and
`
`the da Vinci Si Surgical Systems. Attached hereto as Exhibit L is a non-limiting example
`
`demonstrating how the Accused EndoWrist Staplers and the da Vinci Si Surgical System meet
`
`each and every element of at least claims 1, 2, and 8-10 of the 601 Patent.
`
`65.
`
`Defendants’ infringement of the 601 Patent has injured Ethicon in its business and
`
`property rights. Ethicon is entitled to recovery of monetary damages for such injuries pursuant to
`
`35 U.S.C. ¶ 284 in an amount to be determined at trial.
`
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`66.
`
`Defendants’ infringement of the 601 Patent has caused irreparable harm to Ethicon
`
`and will continue to cause such harm unless and until their infringing activities are enjoined by
`
`this Court.
`
`PRAYER FOR RELIEF
`
`
`
`67.
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`
`(e)
`
`(f)
`
`(g)
`
`Plaintiffs respectfully requests the following relief from this Court:
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`Judgment that Defendants have infringed one or more claims of the 658 Patent;
`
`Judgment that Defendants have infringed one or more claims of the 969 Patent;
`
`Judgment that Defendants have infringed one or more claims of the 874 Patent;
`
`Judgment that Defendants have infringed one or more claims of the 058 Patent;
`
`Judgment that Defendants have infringed one or more claims of the 677 Patent;
`
`Judgment that Defendants have infringed one or more claims of the 601 Patent;
`
`Entry of a permanent injunction against Defendants and those in privity with
`
`them and those acting in concert with them from further infringement of the 658, 969, 874, 058,
`
`677, and 601 Patents;
`
`(h)
`
`An award to Plaintiffs of damages adequate to compensate them for all
`
`infringement occurring through the date of judgment, with prejudgment interest, and for
`
`any supplemental damages as appropriate and post-judgment interest after that date;
`
`(i)
`
`A finding that this action for infringement is an exceptional case under 35
`
`U.S.C. § 285 and an award to Plaintiffs of reasonable counsel fees and costs; and
`
`
`
`(j)
`
`An award of such other and further relief as the Court may deem just and proper.
`
`DEMAND FOR TRIAL BY JURY
`
`68.
`
`Pursuant to Federal Rule of Civil Procedure 38(b), Plaintiffs demand a trial by
`
`jury of all issues so triable.
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`/s/ Jack B. Blumenfeld
`
`
`
`
`Jack B. Blumenfeld (#1014)
`Brian P. Egan (#6227)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`began@mnat.com
`
`Attorneys for Plaintiffs
`
`
`
`
`
`
`
`
`
`OF COUNSEL:
`
`Elizabeth S. Weiswasser
`Anish R. Desai
`WEIL GOTSHAL & MANGES LLP
`767 Fifth Avenue
`New York, NY 10153
`(212) 310-8000
`
`Diane P. Sullivan
`WEIL GOTSHAL & MANGES, LLP
`17 Hulfish Street
`Suite 201
`Princeton, NJ 08542
`(609) 986-1120
`
`Christopher T. Marando
`Christopher M. Pepe
`WEIL GOTSHAL & MANGES, LLP
`1300 Eye Street, N.W.
`Suite 900
`Washington, D.C. 20005
`(202) 682-7000
`
`June 30, 2017
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