`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MINNESOTA
`
`
`
`VASCULAR SOLUTIONS LLC,
`TELEFLEX INNOVATIONS S.à r.l.,
`ARROW INTERNATIONAL, INC.,
`and TELEFLEX LLC
`
`
`
`v.
`
`MEDTRONIC, INC., and
`MEDTRONIC VASCULAR, INC.,
`
`
`
`
`
`
`
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`
`
`No. __________________
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`Jury Trial Demanded
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`COMPLAINT
`
`Plaintiff,
`
`Defendant.
`
`This is a complaint for patent infringement. Vascular Solutions LLC, Teleflex
`
`Innovations S.à r.l. (“Teleflex S.à r.l.”), Arrow International, Inc. (“Arrow”), and
`
`Teleflex LLC (collectively “VSI”) bring this action against Defendants Medtronic, Inc.,
`
`and Medtronic Vascular, Inc. (collectively “Medtronic”) and state as follows.
`
`PARTIES
`
`1.
`
`Plaintiff Vascular Solutions LLC is a Minnesota entity with a place of
`
`business at 6464 Sycamore Court North, Maple Grove, MN 55369. Together with its
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`affiliated companies, Vascular Solutions LLC develops and manufactures clinical
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`products for use in minimally invasive coronary and peripheral vasculature procedures.
`
`Vascular Solutions LLC’s innovative products are developed to satisfy the needs of
`
`physicians performing complex vascular procedures.
`
`Page 1
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`Medtronic Exhibit 1879
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`
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`CASE 0:19-cv-01760 Document 1 Filed 07/02/19 Page 2 of 28
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`2.
`
`Plaintiff Teleflex S.à r.l. is a Luxembourg corporation affiliated with
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`Vascular Solutions LLC. Teleflex S.à r.l. is the owner by assignment of the patents-in-
`
`suit. Teleflex S.à r.l. granted an exclusive license to the patents-in-suit to Vascular
`
`Solutions LLC to make, use, offer to sell, and sell products that are covered by the
`
`patents-in-suit along with the right to participate in litigation to enforce the patents-in-suit
`
`and other rights and obligations as stated in agreements between Vascular Solutions LLC
`
`and Teleflex S.à r.l.
`
`3.
`
`Plaintiff Arrow is a Pennsylvania corporation with a place of business at
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`550 East Swedesford Road, Suite 400, Wayne, PA 19087 and is affiliated with Vascular
`
`Solutions LLC and Teleflex S.à r.l. Vascular Solutions LLC granted Arrow an exclusive
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`license to offer to sell and sell under the patents-in-suit; a right to participate in litigation
`
`to enforce the patents-in-suit; and other rights and obligations as stated in the agreements
`
`between Vascular Solutions LLC and Arrow.
`
`4.
`
`Plaintiff Teleflex LLC employs individuals, as part of a service provider
`
`relationship with Arrow, that sell products that practice the patents-in-suit. Teleflex LLC
`
`has entered into a binding asset purchase agreement with Arrow (scheduled to close in
`
`August 2019) that, among other things, transfers to Teleflex LLC all customer contracts,
`
`distributor agreements, sales contracts and other commitments and, in August, will be
`
`paired with a distribution agreement providing to Teleflex LLC the exclusive right to
`
`offer to sell and sell under the patents-in-suit.
`
`5.
`
`Defendant Medtronic, Inc. is a Minnesota corporation with a place of
`
`business at 710 Medtronic Parkway, Minneapolis, MN 55432.
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`Page 2
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`Medtronic Exhibit 1879
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`
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`CASE 0:19-cv-01760 Document 1 Filed 07/02/19 Page 3 of 28
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`6.
`
`Defendant Medtronic Vascular, Inc. is a Delaware company with a place of
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`business at 3576 Unocal Place, Fountaingrove A, Santa Rosa, CA 95403. Medtronic
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`Vascular, Inc. is registered to do business in Minnesota with a registered business address
`
`of 2345 Rice Street, Suite 230, Roseville, MN 55113. The Minnesota Secretary of State
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`Business Record Details identify the Chief Executive Officer of Medtronic Vascular, Inc.
`
`as Sean Salmon and list an address for the Chief Executive Officer at 710 Medtronic
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`Parkway, LC300, Minneapolis, MN 55432.
`
`JURISDICTION
`
`This action arises under the Patent Act, 35 U.S.C. § 271 et seq.
`
`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and
`
`7.
`
`8.
`
`1338(a).
`
`9.
`
`This Court has personal jurisdiction over Defendants. Medtronic, Inc. is
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`incorporated in and is a resident of Minnesota and maintains an office and transacts
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`business within Minnesota. Medtronic Vascular, Inc. is registered to conduct business in
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`Minnesota, maintains a registered office in Minnesota, and identifies its Chief Executive
`
`Officer with an address in Minnesota.
`
`10. Venue is proper in this District under 28 U.S.C. § 1391 and 1400(b).
`
`Medtronic, Inc. is incorporated in and is a resident of Minnesota and maintains an office
`
`and transacts business within Minnesota. Medtronic Vascular, Inc. is registered to
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`conduct business in Minnesota, maintains a registered office in Minnesota, and identifies
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`its Chief Executive Officer with an address in Minnesota. Medtronic has committed acts
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`of infringement described herein in Minnesota.
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`Page 3
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`Medtronic Exhibit 1879
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`
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`CASE 0:19-cv-01760 Document 1 Filed 07/02/19 Page 4 of 28
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`MEDTRONIC’S INFRINGING PRODUCTS AND ACTIVITIES
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`11. Medtronic has committed acts of patent infringement by making, using,
`
`selling, offering for sale, and/or importing into the United States a guide extension
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`catheter for interventional cardiology procedures marketed and sold as the Telescope
`
`Guide Extension Catheter.
`
`12. Medtronic’s Telescope product is available in two sizes: 6F and 7F. When
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`both products are discussed collectively they will be referred to as “Telescope.” If
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`referred to separately, they will be referred to as “Telescope 6F” and “Telescope 7F,”
`
`respectively.
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`13. Medtronic’s Telescope catheter and its uses are a copy of VSI’s industry-
`
`leading and bestselling interventional product, the GuideLiner catheter, and its uses, and
`
`of the patented features of the GuideLiner catheter that resulted in its remarkable success.
`
`14. A copy of Medtronic’s in-service slide deck for its Telescope catheter is
`
`attached as Exhibit A. Medtronic believes and intends that the product information for
`
`the Telescope catheter in Exhibit A is accurate.
`
`15. A copy of Medtronic’s Instructions for Use for the Telescope catheter is
`
`attached as Exhibit B. Exhibit B is accessible through https://www.medtronic.com/us-
`
`en/healthcare-professionals/products/cardiovascular/coronary-catheters/telescope.html,
`
`which is a link provided on Medtronic’s website https://www.medtronic.com/us-
`
`en/index.html. Medtronic believes and intends that the product information for the
`
`Telescope catheter in Exhibit B is accurate.
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`Page 4
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`Medtronic Exhibit 1879
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`
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`CASE 0:19-cv-01760 Document 1 Filed 07/02/19 Page 5 of 28
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`16. A copy of Medtronic’s website page for the Telescope catheter is attached
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`as Exhibit C. Exhibit C is accessible through https://www.medtronic.com/us-
`
`en/healthcare-professionals/products/cardiovascular/coronary-catheters/telescope.html,
`
`which is a link provided on Medtronic’s website https://www.medtronic.com/us-
`
`en/index.html. Medtronic believes and intends that the product information for the
`
`Telescope catheter in Exhibit C is accurate.
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`17. A copy of a Medtronic press release relating to the Telescope catheter dated
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`May 16, 2019 is attached as Exhibit D. Exhibit D is accessible through
`
`http://newsroom.medtronic.com/phoenix.zhtml?c=251324&p= irol-
`
`newsArticle&ID=2398888, which is a link provided on Medtronic’s website
`
`https://www.medtronic.com/us-en/index.html. Medtronic believes and intends that the
`
`product information for the Telescope catheter in Exhibit D is accurate.
`
`18. A copy of a letter from the U.S. Food and Drug Administration (“FDA”) to
`
`Medtronic concerning Medtronic’s Section 510(k) premarket notification of intent to
`
`market the Telescope catheter is attached as Exhibit E. Pages 3 through 7 of Exhibit E
`
`were submitted by or on behalf of Medtronic to the FDA and contain a summary of the
`
`contents of Medtronic’s Section 510(k) premarket notification of intent to market the
`
`Telescope catheter. Medtronic believes and intends that the information concerning the
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`Telescope catheter and Medtronic’s 510(k) premarket notification of intent to market the
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`Telescope catheter are accurate.
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`19.
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`Exhibit E states that “Medtronic’s TelescopeTM Guide Extension Catheter is
`
`substantially equivalent to the predicate device based on similarities in intended use and
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`Page 5
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`Medtronic Exhibit 1879
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`
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`CASE 0:19-cv-01760 Document 1 Filed 07/02/19 Page 6 of 28
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`technological characteristics.” Ex. E at 5. Exhibit E identifies the substantially
`
`equivalent predicate device as “GuideLiner V3 Catheter.” Id.
`
`20. Medtronic advertises its coronary guide catheters on its website, including
`
`at least the Launcher Coronary Guide Catheter, the Sherpa NX Active Coronary Guide
`
`Catheter, and the Sherpa NX Balanced Coronary Guide Catheter (collectively “Medtronic
`
`Guide Catheters”). Exhibit F is a copy of Medtronic’s website
`
`https://www.medtronic.com/us-en/healthcare-
`
`professionals/products/cardiovascular/coronary-catheters/guide.html depicting its
`
`coronary guide catheter products. This website is accessible via a link provided on
`
`Medtronic’s website https://www.medtronic.com/us-en/index.html. Medtronic believes
`
`and intends that the product information for its guide catheters in Exhibit F is accurate.
`
`21.
`
`In connection with its literature regarding the Telescope catheter,
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`Medtronic promotes its “legacy of market-leading catheter expertise” and refers to itself
`
`as a “true market leader . . . [b]ased on guide catheter . . . market share reports and data
`
`on file at Medtronic.” Ex. A at 23.
`
`22. A guide catheter is required in order to use Medtronic’s Telescope catheter.
`
`E.g., Ex. A at 39 (“Required GC I.D. (in.) . . .”); Ex. B at 5 (“Other items that are
`
`required but not provided in the package: Guide catheter . . . .”); Ex. E at 5 (“TelescopeTM
`
`Guide Extension Catheter is intended to be used in conjunction with guide catheters . . .
`
`.”).
`
`23. Medtronic directs its customers and users of the Telescope guide extension
`
`catheter to use Telescope with a guide catheter. E.g., Ex. A at 39 (“Required GC I.D.
`
`Page 6
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`Medtronic Exhibit 1879
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`CASE 0:19-cv-01760 Document 1 Filed 07/02/19 Page 7 of 28
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`(in.) . . .”); Ex. B at 4 (“Telescope guide extension catheter is intended to be used in
`
`conjunction with guide catheters . . . .”) (“The guide extension catheter is designed to act
`
`as an extension to a traditional guide catheter . . . .”) (“The guide extension catheter is
`
`delivered through a guide catheter . . . .”), 5 (“Other items that are required but not
`
`provided in the package: Guide catheter . . . .”); Ex. E at 5 (“TelescopeTM Guide
`
`Extension Catheter is intended to be used in conjunction with guide catheters . . . .”).
`
`24. Medtronic markets its Telescope catheter for the purpose of acting “as an
`
`extension to a traditional guide catheter and to facilitate the delivery of interventional
`
`devices into the vasculature.” Ex. B at 4; see also id. (“Telescope guide extension
`
`catheter is intended to be used in conjunction with guide catheters to access discrete
`
`regions of the coronary and/or peripheral vasculature, and to facilitate placement of
`
`interventional devices.”); Ex. E at 5 (“The guide extension catheter is designed to act as
`
`an extension to a traditional guide catheter . . . .”) (“TelescopeTM Guide Extension
`
`Catheter is intended to be used in conjunction with guide catheters . . . .”).
`
`25. As of at least February 22, 2019, Medtronic was aware that VSI had a
`
`patent portfolio relating to its GuideLiner catheter.
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`26. Medtronic asked to discuss a license to VSI’s GuideLiner patent portfolio.
`
`27. VSI declined to license its GuideLiner patent portfolio to Medtronic.
`
`COUNT I
`Claim for Patent Infringement of U.S. Patent No. 8,048,032
`
`28.
`
`The allegations of paragraphs 1-27 are re-alleged as if fully set forth herein.
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`Page 7
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`Medtronic Exhibit 1879
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`CASE 0:19-cv-01760 Document 1 Filed 07/02/19 Page 8 of 28
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`29.
`
`Teleflex S.à r.l. is the owner of United States Patent No. 8,048,032 (“’032
`
`patent”), which issued on November 1, 2011, a copy of which is attached as Exhibit G.
`
`30. Medtronic has infringed and continues to infringe one or more claims of the
`
`’032 patent, including at least claims 12 and 14, under 35 U.S.C. § 271(a) by making,
`
`using, offering to sell, selling, and importing (directly or through intermediaries), in this
`
`District and elsewhere in the United States, guide extension catheters, namely the
`
`Telescope guide extension catheter.
`
`31. Attached as Exhibit L is a claim chart showing an example of how
`
`Medtronic infringes claims 12 and 14 of the ’032 patent.
`
`32. Medtronic’s Telescope catheter satisfies claim element 11(p), as shown in
`
`Exhibit L.
`
`33. Medtronic’s Telescope catheter satisfies claim element 11(a), as shown in
`
`Exhibit L.
`
`34. Medtronic’s Telescope catheter satisfies claim element 11(b), as shown in
`
`Exhibit L.
`
`35. Medtronic’s Telescope catheter satisfies claim element 11(c), as shown in
`
`Exhibit L.
`
`36. Medtronic’s Telescope catheter satisfies claim element 11(d), as shown in
`
`Exhibit L.
`
`37. Medtronic’s Telescope catheter satisfies claim element 11(e), as shown in
`
`Exhibit L.
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`Page 8
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`Medtronic Exhibit 1879
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`CASE 0:19-cv-01760 Document 1 Filed 07/02/19 Page 9 of 28
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`38. Medtronic’s Telescope catheter satisfies claim element 12, as shown in
`
`Exhibit L.
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`39. Medtronic’s Telescope catheter satisfies claim element 14, as shown in
`
`Exhibit L.
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`40. VSI did not give Medtronic authorization or license to make, use, offer to
`
`sell, sell, or import the Telescope catheter.
`
`41. Medtronic also indirectly infringes the ’032 patent, including at least claims
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`12 and 14 under at least 35 U.S.C. § 271(b).
`
`42. Medtronic has induced and continues to induce infringement in this District
`
`and elsewhere in the United States of one or more claims of the ’032 patent, including at
`
`least claims 12 and 14, by, among other things, actively and successfully encouraging,
`
`instructing, enabling, and otherwise causing end users and/or customers to use its
`
`Telescope catheter in a manner that infringes the ’032 patent. For example, Medtronic’s
`
`Instructions for Use instruct end users and/or customers to use the Telescope catheter to
`
`perform interventional cardiology procedures. E.g., Ex. B at 4 (“The guide extension
`
`catheter is designed to act as an extension to a traditional guide catheter and to facilitate
`
`the delivery of interventional devices into the vasculature. The guide extension catheter
`
`is intended to be used within the coronary and/or peripheral vasculature to provide
`
`support.”). Medtronic’s Instructions for Use, FDA submission, and marketing materials
`
`indicate that Telescope is specifically designed to be used with a guide catheter and
`
`require that the Telescope catheter be used along with a guide catheter and hemostatic
`
`valve. E.g., Ex. A at 11, 39 (“Required GC I.D. (in.) . . .”); Ex. B at 4 (“Telescope guide
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`Page 9
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`Medtronic Exhibit 1879
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`CASE 0:19-cv-01760 Document 1 Filed 07/02/19 Page 10 of 28
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`extension catheter is intended to be used in conjunction with guide catheters . . . .”) (“The
`
`guide extension catheter is designed to act as an extension to a traditional guide catheter .
`
`. . .”), 5 (“Other items that are required but not provided in the package: Guide catheter . .
`
`. Y-adaptor with hemostasis valve”); Ex. E at 5 (“The guide extension catheter is
`
`designed to act as an extension to a traditional guide catheter . . . .”) (“TelescopeTM Guide
`
`Extension Catheter is intended to be used in conjunction with guide catheters . . . .”). End
`
`users and/or customers have used the Telescope catheter in a manner that infringes one or
`
`more claims of the ’032 patent.
`
`43. Upon information and belief, at least as early as February 22, 2019,
`
`Medtronic had knowledge of the ’032 patent.
`
`44. Medtronic did not develop the Telescope catheter on its own, but instead
`
`copied VSI’s GuideLiner catheter. Medtronic has willfully infringed and continues to
`
`willfully infringe the ’032 patent.
`
`45. VSI has satisfied the notice or marking provisions of 35 U.S.C. § 287.
`
`46. Medtronic’s 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 II
`Claim for Patent Infringement of U.S. Patent No. RE45,380
`
`47.
`
`48.
`
`The allegations of paragraphs 1-46 are re-alleged as if fully set forth herein.
`
`Teleflex S.à r.l. is the owner of United States Patent No. RE45,380 (“’380
`
`Patent”), which issued on February 17, 2015, a copy of which is attached as Exhibit H.
`
`Page 10
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`Medtronic Exhibit 1879
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`CASE 0:19-cv-01760 Document 1 Filed 07/02/19 Page 11 of 28
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`49. Medtronic has infringed and continues to infringe one or more claims of the
`
`’380 patent, including at least claims 12, 13, and 15, under 35 U.S.C. § 271(a) by making,
`
`using, offering to sell, selling, and/or importing (directly or through intermediaries), in
`
`this District and elsewhere in the United States, a system made up of guide extension
`
`catheters, namely the Telescope catheter, and guide catheters, namely the Medtronic
`
`Guide Catheters.
`
`50. Attached as Exhibit M is a claim chart showing an example of how
`
`Medtronic infringes claims 12, 13, and 15 of the ’380 patent.
`
`51. Medtronic’s Telescope catheter and/or Medtronic’s Guide Catheters satisfy
`
`claim element 12(p), as shown in Exhibit M.
`
`52. Medtronic’s Telescope catheter and/or Medtronic’s Guide Catheters satisfy
`
`claim element 12(a), as shown in Exhibit M.
`
`53. Medtronic’s Telescope catheter and/or Medtronic’s Guide Catheters satisfy
`
`claim element 12(b), as shown in Exhibit M.
`
`54. Medtronic’s Telescope catheter and/or Medtronic’s Guide Catheters satisfy
`
`claim element 12(c), as shown in Exhibit M.
`
`55. Medtronic’s Telescope catheter and/or Medtronic’s Guide Catheters satisfy
`
`claim element 12(d), as shown in Exhibit M.
`
`56. Medtronic’s Telescope catheter and/or Medtronic’s Guide Catheters satisfy
`
`claim element 12(e), as shown in Exhibit M.
`
`57. Medtronic’s Telescope catheter and/or Medtronic’s Guide Catheters satisfy
`
`claim element 12(f), as shown in Exhibit M.
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`Page 11
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`Medtronic Exhibit 1879
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`CASE 0:19-cv-01760 Document 1 Filed 07/02/19 Page 12 of 28
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`58. Medtronic’s Telescope catheter and/or Medtronic’s Guide Catheters satisfy
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`claim element 12(g), as shown in Exhibit M.
`
`59. Medtronic’s Telescope catheter and/or Medtronic’s Guide Catheters satisfy
`
`claim element 13, as shown in Exhibit M.
`
`60. Medtronic’s Telescope catheter and/or Medtronic’s Guide Catheters satisfy
`
`claim element 15, as shown in Exhibit M.
`
`61. VSI did not give Medtronic authorization or license to make, use, offer to
`
`sell, sell, or import the Telescope catheter or a system comprising the Telescope catheter
`
`and a Medtronic Guide Catheter.
`
`62. Medtronic also indirectly infringes the ’380 patent, including at least claims
`
`12, 13, and 15, under 35 U.S.C. § 271(b) and (c).
`
`63. Upon information and belief, at least as early as February 22, 2019,
`
`Medtronic had knowledge of the ’380 patent.
`
`64. Medtronic has induced and continues to induce infringement in this District
`
`and elsewhere in the United States of one or more claims of the ’380 patent, including at
`
`least claims 12, 13, and 15, by, among other things, actively and successfully
`
`encouraging, instructing, enabling, and otherwise causing end users and/or customers to
`
`use its Telescope catheter along with Medtronic Guide Catheters and/or third-party guide
`
`catheters, and a hemostatic valve as a system which infringes the ’380 patent. For
`
`example, Medtronic’s Instructions for Use instruct end users and/or customers to use the
`
`Telescope catheter along with a guide catheter and hemostatic valve to perform
`
`interventional cardiology procedures. E.g., Ex. B at 4 (“The guide extension catheter is
`
`Page 12
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`Medtronic Exhibit 1879
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`
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`CASE 0:19-cv-01760 Document 1 Filed 07/02/19 Page 13 of 28
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`designed to act as an extension to a traditional guide catheter and to facilitate the delivery
`
`of interventional devices into the vasculature. The guide extension catheter is intended to
`
`be used within the coronary and/or peripheral vasculature to provide support.”) (“Open
`
`the hemostasis valve and advance the guide extension catheter through the hemostasis
`
`valve and into the guide catheter.”). Medtronic’s Instructions for Use, FDA submission,
`
`and marketing materials indicate that Telescope is specifically designed to be used with a
`
`guide catheter and require that the Telescope catheter be used along with a guide catheter
`
`and hemostatic valve. E.g., Ex. A at 11, 39 (“Required GC I.D. (in.) . . .”); Ex. B at 4
`
`(“Telescope guide extension catheter is intended to be used in conjunction with guide
`
`catheters . . . .”) (“The guide extension catheter is designed to act as an extension to a
`
`traditional guide catheter . . . .”), 5 (“Other items that are required but not provided in the
`
`package: Guide catheter . . . Y-adaptor with hemostasis valve”); Ex. E at 5 (“The guide
`
`extension catheter is designed to act as an extension to a traditional guide catheter . . . .”)
`
`(“TelescopeTM Guide Extension Catheter is intended to be used in conjunction with guide
`
`catheters . . . .”). End users and/or customers have used the Telescope catheter as part of
`
`a system that infringes one or more claims of the ’380 patent.
`
`65. Medtronic has contributed to and continues to contribute to the
`
`infringement of one or more claims of the ’380 patent, including at least claims 12, 13,
`
`and 15, by importing into the United States (directly or through intermediaries) and/or
`
`offering to sell and selling (directly or through intermediaries), to end users and/or
`
`customers, in this District and elsewhere in the United States, its Telescope catheter, a
`
`product that constitutes a component of a system covered by the ’380 patent. Upon
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`Page 13
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`Medtronic Exhibit 1879
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`CASE 0:19-cv-01760 Document 1 Filed 07/02/19 Page 14 of 28
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`information and belief, Medtronic knows its products are especially made or especially
`
`adapted for use in an infringement and that there is no substantial non-infringing use for a
`
`Telescope catheter without a guide catheter and a hemostatic valve. E.g., Ex. A at 11, 39
`
`(“Required GC I.D. (in.) . . .”); Ex. B at 4 (“Telescope guide extension catheter is
`
`intended to be used in conjunction with guide catheters . . . .”) (“The guide extension
`
`catheter is designed to act as an extension to a traditional guide catheter . . . .”), 5 (“Other
`
`items that are required but not provided in the package: Guide catheter . . . Y-adaptor
`
`with hemostasis valve”); Ex. E at 5 (“The guide extension catheter is designed to act as
`
`an extension to a traditional guide catheter . . . .”) (“TelescopeTM Guide Extension
`
`Catheter is intended to be used in conjunction with guide catheters . . . .”). The Telescope
`
`catheter constitutes a material part of the invention, and end users and/or customers have
`
`used the Telescope catheter as part of a system that infringes one or more claims of the
`
`’380 patent.
`
`66. Medtronic did not develop the Telescope catheter on its own, but instead
`
`copied VSI’s GuideLiner catheter. Medtronic has willfully infringed and continues to
`
`willfully infringe the ’380 patent.
`
`67. VSI has satisfied the notice or marking provisions of 35 U.S.C. § 287.
`
`68. Medtronic’s infringement of the ’380 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.
`
`Page 14
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`Medtronic Exhibit 1879
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`CASE 0:19-cv-01760 Document 1 Filed 07/02/19 Page 15 of 28
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`COUNT III
`Claim for Patent Infringement of U.S. Patent No. RE45,776
`
`69.
`
`70.
`
`The allegations of paragraphs 1-68 are re-alleged as if fully set forth herein.
`
`Teleflex S.à r.l. is the owner of United States Patent No. RE45,776 (“’776
`
`Patent”), which issued on October 27, 2015, a copy of which is attached as Exhibit I.
`
`71. Medtronic has infringed and continues to infringe one or more claims of the
`
`’776 patent, including at least claims 25, 36, and 37, under 35 U.S.C. § 271(a) by making,
`
`using, offering to sell, selling, and importing (directly or through intermediaries), in this
`
`District and elsewhere in the United States, guide extension catheters, namely the
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`Telescope catheter.
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`72. Attached as Exhibit N is a claim chart showing an example of how
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`Medtronic infringes claims 25, 36, and 37 of the ’776 patent.
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`73. Medtronic’s Telescope catheter satisfies claim element 25(p), as shown in
`
`Exhibit N.
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`74. Medtronic’s Telescope catheter satisfies claim element 25(a), as shown in
`
`Exhibit N.
`
`75. Medtronic’s Telescope catheter satisfies claim element 25(b), as shown in
`
`Exhibit N.
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`76. Medtronic’s Telescope catheter satisfies claim element 25(c), as shown in
`
`Exhibit N.
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`77. Medtronic’s Telescope catheter satisfies claim element 25(d), as shown in
`
`Exhibit N.
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`Page 15
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`Medtronic Exhibit 1879
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`CASE 0:19-cv-01760 Document 1 Filed 07/02/19 Page 16 of 28
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`78. Medtronic’s Telescope catheter satisfies claim element 36, as shown in
`
`Exhibit N.
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`79. Medtronic’s Telescope catheter satisfies claim element 37, as shown in
`
`Exhibit N.
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`80. VSI did not give Medtronic authorization or license to make, use, offer to
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`sell, sell, or import the Telescope catheter.
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`81. Medtronic also indirectly infringes the ’776 patent, including at least claims
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`25, 36, and 37 under at least 35 U.S.C. § 271(b).
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`82. Upon information and belief, at least as early as February 22, 2019,
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`Medtronic had knowledge of the ’776 patent.
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`83. Medtronic has induced and continues to induce infringement in this District
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`and elsewhere in the United States of one or more claims of the ’776 patent, including at
`
`least claims 25, 36, and 37, by, among other things, actively and successfully
`
`encouraging, instructing, enabling, and otherwise causing end users and/or customers to
`
`use its Telescope catheter in a manner that infringes the ’776 patent. For example,
`
`Medtronic’s Instructions for Use instruct end users and/or customers to use the Telescope
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`catheter to perform interventional cardiology procedures. E.g., Ex. B at 4 (“The guide
`
`extension catheter is designed to act as an extension to a traditional guide catheter and to
`
`facilitate the delivery of interventional devices into the vasculature. The guide extension
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`catheter is intended to be used within the coronary and/or peripheral vasculature to
`
`provide support.”). Medtronic’s Instructions for Use, FDA submission, and marketing
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`materials indicate that Telescope is specifically designed to be used with a guide catheter
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`Page 16
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`Medtronic Exhibit 1879
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`CASE 0:19-cv-01760 Document 1 Filed 07/02/19 Page 17 of 28
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`and require that the Telescope catheter be used along with a guide catheter. E.g., Ex. A at
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`39 (“Required GC I.D. (in.) . . .”); Ex. B at 4 (“Telescope guide extension catheter is
`
`intended to be used in conjunction with guide catheters . . . .”) (“The guide extension
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`catheter is designed to act as an extension to a traditional guide catheter . . . .”), 5 (“Other
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`items that are required but not provided in the package: Guide catheter . . . .”); Ex. E at 5
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`(“The guide extension catheter is designed to act as an extension to a traditional guide
`
`catheter . . . .”) (“TelescopeTM Guide Extension Catheter is intended to be used in
`
`conjunction with guide catheters . . . .”). End users and/or customers have used the
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`Telescope catheter in a manner that infringes one or more claims of the ’776 patent.
`
`84. Medtronic did not develop the Telescope catheter on its own, but instead
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`copied VSI’s GuideLiner catheter. Medtronic has willfully infringed, and continues to
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`willfully infringe, the ’776 patent.
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`85. VSI has satisfied the notice or marking provisions of 35 U.S.C. § 287.
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`86. Medtronic’s infringement of the ’776 patent has caused and will continue to
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`cause damage to VSI, causing irreparable harm for which there is no adequate remedy at
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`law, unless enjoined.
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`COUNT IV
`Claim for Patent Infringement of U.S. Patent No. RE47,379
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`87.
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`88.
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`The allegations of paragraphs 1-86 are re-alleged as if fully set forth herein.
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`Teleflex S.à r.l. is the owner of United States Patent No. RE47,379 (“’379
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`Patent”), which issued on May 7, 2019, a copy of which is attached as Exhibit J.
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`Page 17
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`Medtronic Exhibit 1879
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`CASE 0:19-cv-01760 Document 1 Filed 07/02/19 Page 18 of 28
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`89. Medtronic has infringed and continues to infringe one or more claims of the
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`’379 patent, including at least claims 25, 33, 34, 38, and 44, under 35 U.S.C. § 271(g) by
`
`importing into the United States and/or offering to sell, selling, or using (directly or
`
`through intermediaries), in this District and elsewhere in the United States, guide
`
`extension catheters, namely Telescope guide extension catheters that are made by a
`
`process patented in the United States.
`
`90. Attached as Exhibit O is a claim chart showing an example of how
`
`Medtronic infringes claims 25, 33, 34, 38, and 44 of the ’379 patent.
`
`91. Manufacture of Medtronic’s Telescope catheter satisfies claim element
`
`25(p), as shown in Exhibit O.
`
`92. Manufacture of Medtronic’s Telescope catheter satisfies claim element
`
`25(a), as shown in Exhibit O.
`
`93. Manufacture of Medtronic’s Telescope catheter satisfies claim element
`
`25(b), as shown in Exhibit O.
`
`94. Manufacture of Medtronic’s Telescope catheter satisfies claim element
`
`25(c), as shown in Exhibit O.
`
`95. Manufacture of Medtronic’s Telescope catheter satisfies claim element
`
`25(d), as shown in Exhibit O.
`
`96. Manufacture of Medtronic’s Telescope catheter satisfies claim element
`
`25(e), as shown in Exhibit O.
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`97. Manufacture of Medtronic’s Telescope catheter satisfies claim element
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`25(f), as shown in Exhibit O.
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`Page 18
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`Medtronic Exhibit 1879
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`CASE 0:19-cv-01760 Document 1 Filed 07/02/19 Page 19 of 28
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`98. Manufacture of Medtronic’s Telescope catheter satisfies claim element
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`25(g), as shown in Exhibit O.
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`99. Manufacture of Medtronic’s Telescope catheter satisfies claim element 33,
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`as shown in Exhibit O.
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`100. Manufacture of Medtronic’s Telescope 6F catheter satisfies claim element
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`34, as shown in Exhibit O.
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`101. Manufacture of Medtronic’s Telescope catheter satisfies claim element
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`38(p), as shown in Exhibit O.
`
`102. Manufacture of Medtronic’s Telescope catheter satisfies claim element
`
`38(a), as shown in Exhibit O.
`
`103. Manufacture of Medtronic’s Telescope catheter satisfies claim element
`
`38(b), as shown in Exhibit O.
`
`104. Manufacture of Medtronic’s Telescope catheter satisfies claim element
`
`38(c), as shown in Exhibit O.
`
`105. Manufacture of Medtronic’s Telescope catheter satisfies claim element
`
`38(d), as shown in Exhibit O.
`
`106. Manufacture of Medtronic’s Telescope catheter satisfies claim element
`
`38(e), as shown in Exhibit O.
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`107. Manufacture of Medtronic’s Telescope catheter satisfies claim element 44,
`
`as shown in Exhibit O.
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`108. VSI did not give Medtronic authorization or license to use, offer to sell,
`
`sell, or import the Telescope catheter.
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`Page 19
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`Medtronic Exhibit 1879
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`CASE 0:19-cv-01760 Document 1 Filed 07/02/19 Page 20 of 28
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`109. Medtronic also indirectly infringes the ’379 patent, including at least claims
`
`25, 33, 34, 38, and 44 under 35 U.S.C. § 271(b) and claims 33 and 34 under 35 U.S.C. §
`
`271(c).
`
`110. At least as of the date of this complaint, Medtronic had knowledge of the
`
`’379 patent.
`
`111. Medtronic has induced and continues to induce infringement in this District
`
`and elsewhere in the United States of one or more claims of the ’379 patent, including at
`
`least claims 25, 33, 34, 38, and 44, by, among other things, actively and successfully
`
`encouraging, instructing, enabling, and otherwise causing end users and/or customers to
`
`use its Telescope catheter in a manner that infringes the ’379 patent. For example,
`
`Medtronic’s Instructions for Use instruct end users and/or customers to use the Telescope
`
`catheter to perform interventional cardiology procedures. E.g., Ex. B at 4 (“The guide
`
`extension catheter is designed to act as an extension to a traditional guide catheter and to
`
`facilitate the delivery of interventional devices into the vasc