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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MINNESOTA
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`No. 0:19-cv-01760-PJS-TNL
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`Jury Trial Demanded
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`Plaintiff,
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`Defendant.
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`VASCULAR SOLUTIONS LLC,
`TELEFLEX LIFE SCIENCES
`LIMITED, ARROW
`INTERNATIONAL, INC., and
`TELEFLEX LLC
`
`
`
`v.
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`MEDTRONIC, INC., and
`MEDTRONIC VASCULAR, INC.,
`
`
`
`
`FIRST AMENDED AND SUPPLEMENTAL COMPLAINT
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`This is a complaint for patent infringement. Vascular Solutions LLC, Teleflex
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`Life Sciences Limited, Arrow International, Inc. (“Arrow”), and Teleflex LLC
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`(collectively “VSI”) bring this action against Defendants Medtronic, Inc., and Medtronic
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`Vascular, Inc. (collectively “Medtronic”) and state as follows.
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`PARTIES
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`1.
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`Plaintiff Vascular Solutions LLC is a Minnesota entity with a place of
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`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.
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`Vascular Solutions LLC’s innovative products are developed to satisfy the needs of
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`physicians performing complex vascular procedures.
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`Medtronic Exhibit 1514
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`CASE 0:19-cv-01760-PJS-TNL Document 231 Filed 02/14/20 Page 2 of 42
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`2.
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`As of the filing of the original Complaint, Plaintiff Teleflex Innovations
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`S.à r.l. was a Luxembourg corporation affiliated with Vascular Solutions LLC and the
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`owner of the patents-in-suit. Teleflex Innovations S.à r.l. granted an exclusive license to
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`the patents-in-suit to Vascular Solutions LLC to make, use, offer to sell, and sell products
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`that are covered by the patents-in-suit along with the right to participate in litigation to
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`enforce the patents-in-suit and other rights and obligations as stated in agreements
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`between Vascular Solutions LLC and Teleflex Innovations S.à r.l.
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`3.
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`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
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`Solutions LLC and Teleflex Life Sciences Limited. As of the filing of the original
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`Complaint, Vascular Solutions LLC had granted Arrow an exclusive license to offer to
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`sell and sell under the patents-in-suit; a right to participate in litigation to enforce the
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`patents-in-suit; and other rights and obligations as stated in the agreements between
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`Vascular Solutions LLC and Arrow.
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`4.
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`As of the filing of the original Complaint, Plaintiff Teleflex LLC employed
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`individuals, as part of a service provider relationship with Arrow, that sell products that
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`practice the patents-in-suit. On or about August 5, 2019, Teleflex LLC and Arrow
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`entered into an exclusive distribution agreement.
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`5.
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`As a result of a merger conducted on or about September 30, 2019, Teleflex
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`Innovations S.à.r.l. merged into and was absorbed by its parent company, Teleflex
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`Medical Devices S.à.r.l., a private limited liability company incorporated under the laws
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`of the Grand-Duchy of Luxembourg. As a result of this merger, the patents-in-suit
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`CASE 0:19-cv-01760-PJS-TNL Document 231 Filed 02/14/20 Page 3 of 42
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`became the property of Teleflex Medical Devices S.à.r.l. as successor-in-interest to
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`Teleflex Innovations S.à.r.l.
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`6.
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`As a result of a subsequent asset transfer conducted on or about December
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`30, 2019, the patents-in-suit were transferred from Teleflex Medical Devices S.à.r.l. to
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`Teleflex Life Sciences Limited, a limited liability company duly incorporated and validly
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`existing under the laws of Malta, having its registered office at 171, Old Bakery Street,
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`Valletta VLT 1455, Malta. As a consequence of this asset transfer, the patents-in-suit
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`became the property of Teleflex Life Sciences Limited, and Teleflex Life Sciences
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`Limited assumed all the rights and obligations of Teleflex Medical Devices S.à.r.l and its
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`predecessor-in-interest Teleflex Innovations S.à.r.l., including their right to sue and
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`recover for past and future infringements.
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`7.
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`Effective February 3, 2020, the license agreement between Teleflex Life
`
`Sciences Limited and Vascular Solutions LLC and the license agreement between
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`Vascular Solutions LLC and Arrow were terminated by agreement of the parties.
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`Vascular Solutions LLC and Arrow maintained their right to sue for infringement
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`occurring prior to the effective date of the termination agreement.
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`8.
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`Effective February 3, 2020, Teleflex Life Sciences Limited granted
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`Teleflex LLC an exclusive license to make, have made, use, sell, offer for sale, and
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`import products that are covered by the patents-in-suit along with the right to participate
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`in litigation to enforce the patents-in-suit and other rights and obligations as stated in the
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`agreement between Teleflex Life Sciences Limited and Teleflex LLC.
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`Medtronic Exhibit 1514
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`CASE 0:19-cv-01760-PJS-TNL Document 231 Filed 02/14/20 Page 4 of 42
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`9.
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`Effective February 3, 2020, Teleflex LLC granted Vascular Solutions LLC
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`an exclusive license to make and have made products that are covered by the patents-in-
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`suit along with the right to participate in litigation to enforce the patents-in-suit and other
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`rights and obligations as stated in the agreement between Teleflex LLC and Vascular
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`Solutions LLC.
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`10. Defendant Medtronic, Inc. is a Minnesota corporation with a place of
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`business at 710 Medtronic Parkway, Minneapolis, MN 55432.
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`11. 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
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`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.
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`as Sean Salmon and list an address for the Chief Executive Officer at 710 Medtronic
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`Parkway, LC300, Minneapolis, MN 55432.
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`JURISDICTION
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`This action arises under the Patent Act, 35 U.S.C. § 271 et seq.
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`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and
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`12.
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`13.
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`1338(a).
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`14.
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`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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`Medtronic Exhibit 1514
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`CASE 0:19-cv-01760-PJS-TNL Document 231 Filed 02/14/20 Page 5 of 42
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`Minnesota, maintains a registered office in Minnesota, and identifies its Chief Executive
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`Officer with an address in Minnesota.
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`15. Venue is proper in this District under 28 U.S.C. § 1391 and 1400(b).
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`Medtronic, Inc. is incorporated in and is a resident of Minnesota and maintains an office
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`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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`MEDTRONIC’S INFRINGING PRODUCTS AND ACTIVITIES
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`16. Medtronic has committed acts of patent infringement by making, using,
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`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
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`Guide Extension Catheter.
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`17. 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,”
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`respectively.
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`18. Medtronic’s Telescope catheter and its uses are a copy of VSI’s industry-
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`leading and bestselling interventional product, the GuideLiner catheter, and its uses, and
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`of the patented features of the GuideLiner catheter that resulted in its remarkable success.
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`Medtronic Exhibit 1514
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`CASE 0:19-cv-01760-PJS-TNL Document 231 Filed 02/14/20 Page 6 of 42
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`19. A copy of Medtronic’s in-service slide deck for its Telescope catheter is
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`attached as Exhibit A. Medtronic believes and intends that the product information for
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`the Telescope catheter in Exhibit A is accurate.
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`20. A copy of Medtronic’s Instructions for Use for the Telescope catheter is
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`attached as Exhibit B. Exhibit B is accessible through https://www.medtronic.com/us-
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`en/healthcare-professionals/products/cardiovascular/coronary-catheters/telescope.html,
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`which is a link provided on Medtronic’s website https://www.medtronic.com/us-
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`en/index.html. Medtronic believes and intends that the product information for the
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`Telescope catheter in Exhibit B is accurate.
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`21. 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-
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`en/healthcare-professionals/products/cardiovascular/coronary-catheters/telescope.html,
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`which is a link provided on Medtronic’s website https://www.medtronic.com/us-
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`en/index.html. Medtronic believes and intends that the product information for the
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`Telescope catheter in Exhibit C is accurate.
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`22. 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
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`http://newsroom.medtronic.com/phoenix.zhtml?c=251324&p= irol-
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`newsArticle&ID=2398888, which is a link provided on Medtronic’s website
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`https://www.medtronic.com/us-en/index.html. Medtronic believes and intends that the
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`product information for the Telescope catheter in Exhibit D is accurate.
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`CASE 0:19-cv-01760-PJS-TNL Document 231 Filed 02/14/20 Page 7 of 42
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`23. A copy of a letter from the U.S. Food and Drug Administration (“FDA”) to
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`Medtronic concerning Medtronic’s Section 510(k) premarket notification of intent to
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`market the Telescope catheter is attached as Exhibit E. Pages 3 through 7 of Exhibit E
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`were submitted by or on behalf of Medtronic to the FDA and contain a summary of the
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`contents of Medtronic’s Section 510(k) premarket notification of intent to market the
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`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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`24.
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`Exhibit E states that “Medtronic’s TelescopeTM Guide Extension Catheter is
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`substantially equivalent to the predicate device based on similarities in intended use and
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`technological characteristics.” Ex. E at 5. Exhibit E identifies the substantially
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`equivalent predicate device as “GuideLiner V3 Catheter.” Id.
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`25. Medtronic advertises its coronary guide catheters on its website, including
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`at least the Launcher Coronary Guide Catheter, the Sherpa NX Active Coronary Guide
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`Catheter, and the Sherpa NX Balanced Coronary Guide Catheter (collectively “Medtronic
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`Guide Catheters”). Exhibit F is a copy of Medtronic’s website
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`https://www.medtronic.com/us-en/healthcare-
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`professionals/products/cardiovascular/coronary-catheters/guide.html depicting its
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`coronary guide catheter products. This website is accessible via a link provided on
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`Medtronic’s website https://www.medtronic.com/us-en/index.html. Medtronic believes
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`and intends that the product information for its guide catheters in Exhibit F is accurate.
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`CASE 0:19-cv-01760-PJS-TNL Document 231 Filed 02/14/20 Page 8 of 42
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`26.
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`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
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`as a “true market leader . . . [b]ased on guide catheter . . . market share reports and data
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`on file at Medtronic.” Ex. A at 23.
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`27. A guide catheter is required in order to use Medtronic’s Telescope catheter.
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`E.g., Ex. A at 39 (“Required GC I.D. (in.) . . .”); Ex. B at 5 (“Other items that are
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`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 . . .
`
`.”).
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`28. Medtronic directs its customers and users of the Telescope guide extension
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`catheter to use Telescope with a guide catheter. E.g., Ex. A at 39 (“Required GC I.D.
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`(in.) . . .”); Ex. B at 4 (“Telescope guide extension catheter is intended to be used in
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`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 . . . .”).
`
`29. Medtronic markets its Telescope catheter for the purpose of acting “as an
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`extension to a traditional guide catheter and to facilitate the delivery of interventional
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`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
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`regions of the coronary and/or peripheral vasculature, and to facilitate placement of
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`CASE 0:19-cv-01760-PJS-TNL Document 231 Filed 02/14/20 Page 9 of 42
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`interventional devices.”); Ex. E at 5 (“The guide extension catheter is designed to act as
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`an extension to a traditional guide catheter . . . .”) (“TelescopeTM Guide Extension
`
`Catheter is intended to be used in conjunction with guide catheters . . . .”).
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`30. As of at least 2017, Medtronic was aware that VSI had a patent portfolio
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`relating to its GuideLiner catheter.
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`31. Medtronic asked to discuss a license to VSI’s GuideLiner patent portfolio.
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`32. VSI declined to license its GuideLiner patent portfolio to Medtronic.
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`COUNT I
`Claim for Patent Infringement of U.S. Patent No. 8,048,032
`
`33.
`
`34.
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`The allegations of paragraphs 1-32 are re-alleged as if fully set forth herein.
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`Teleflex Life Sciences Limited is the owner of United States Patent No.
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`8,048,032 (“’032 patent”), which issued on November 1, 2011, a copy of which is
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`attached as Exhibit G.
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`35. Medtronic has infringed and continues to infringe one or more claims of the
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`’032 patent, including at least claims 12 and 14, under 35 U.S.C. § 271(a) by making,
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`using, offering to sell, selling, and importing (directly or through intermediaries), in this
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`District and elsewhere in the United States, guide extension catheters, namely the
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`Telescope guide extension catheter.
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`36. Attached as Exhibit L is a claim chart showing an example of how
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`Medtronic infringes claims 12 and 14 of the ’032 patent.
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`37. Medtronic’s Telescope catheter satisfies claim element 11(p), as shown in
`
`Exhibit L.
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`38. Medtronic’s Telescope catheter satisfies claim element 11(a), as shown in
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`Exhibit L.
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`39. Medtronic’s Telescope catheter satisfies claim element 11(b), as shown in
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`Exhibit L.
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`40. Medtronic’s Telescope catheter satisfies claim element 11(c), as shown in
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`Exhibit L.
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`41. Medtronic’s Telescope catheter satisfies claim element 11(d), as shown in
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`Exhibit L.
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`42. Medtronic’s Telescope catheter satisfies claim element 11(e), as shown in
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`Exhibit L.
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`43. Medtronic’s Telescope catheter satisfies claim element 12, as shown in
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`Exhibit L.
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`44. Medtronic’s Telescope catheter satisfies claim element 14, as shown in
`
`Exhibit L.
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`45. VSI did not give Medtronic authorization or license to make, use, offer to
`
`sell, sell, or import the Telescope catheter.
`
`46. 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).
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`47. 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 ’032 patent, including at
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`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
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`CASE 0:19-cv-01760-PJS-TNL Document 231 Filed 02/14/20 Page 11 of 42
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`Telescope catheter in a manner that infringes the ’032 patent. For example, Medtronic’s
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`Instructions for Use instruct end users and/or customers to use the Telescope catheter to
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`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
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`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
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`users and/or customers have used the Telescope catheter in a manner that infringes one or
`
`more claims of the ’032 patent.
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`48. Upon information and belief, at least as early as February 22, 2019,
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`Medtronic had knowledge of the ’032 patent.
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`49. 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 ’032 patent.
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`50. VSI has satisfied the notice or marking provisions of 35 U.S.C. § 287.
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`51. 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
`
`52.
`
`53.
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`The allegations of paragraphs 1-51 are re-alleged as if fully set forth herein.
`
`Teleflex Life Sciences Limited 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.
`
`54. 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.
`
`55. Attached as Exhibit M is a claim chart showing an example of how
`
`Medtronic infringes claims 12, 13, and 15 of the ’380 patent.
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`CASE 0:19-cv-01760-PJS-TNL Document 231 Filed 02/14/20 Page 13 of 42
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`56. Medtronic’s Telescope catheter and/or Medtronic’s Guide Catheters satisfy
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`claim element 12(p), as shown in Exhibit M.
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`57. Medtronic’s Telescope catheter and/or Medtronic’s Guide Catheters satisfy
`
`claim element 12(a), as shown in Exhibit M.
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`58. Medtronic’s Telescope catheter and/or Medtronic’s Guide Catheters satisfy
`
`claim element 12(b), as shown in Exhibit M.
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`59. Medtronic’s Telescope catheter and/or Medtronic’s Guide Catheters satisfy
`
`claim element 12(c), as shown in Exhibit M.
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`60. Medtronic’s Telescope catheter and/or Medtronic’s Guide Catheters satisfy
`
`claim element 12(d), as shown in Exhibit M.
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`61. Medtronic’s Telescope catheter and/or Medtronic’s Guide Catheters satisfy
`
`claim element 12(e), as shown in Exhibit M.
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`62. Medtronic’s Telescope catheter and/or Medtronic’s Guide Catheters satisfy
`
`claim element 12(f), as shown in Exhibit M.
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`63. Medtronic’s Telescope catheter and/or Medtronic’s Guide Catheters satisfy
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`claim element 12(g), as shown in Exhibit M.
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`64. Medtronic’s Telescope catheter and/or Medtronic’s Guide Catheters satisfy
`
`claim element 13, as shown in Exhibit M.
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`65. Medtronic’s Telescope catheter and/or Medtronic’s Guide Catheters satisfy
`
`claim element 15, as shown in Exhibit M.
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`66. 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.
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`67. Medtronic also indirectly infringes the ’380 patent, including at least claims
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`12, 13, and 15, under 35 U.S.C. § 271(b) and (c).
`
`68. Upon information and belief, at least as early as February 22, 2019,
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`Medtronic had knowledge of the ’380 patent.
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`69. 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
`
`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
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`Medtronic Exhibit 1514
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`CASE 0:19-cv-01760-PJS-TNL Document 231 Filed 02/14/20 Page 15 of 42
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`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.
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`70. 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
`
`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
`
`15
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`Page 15
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`Medtronic Exhibit 1514
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`CASE 0:19-cv-01760-PJS-TNL Document 231 Filed 02/14/20 Page 16 of 42
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`items that are required but not provided in the package: Guide catheter . . . Y-adaptor
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`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.
`
`71. Medtronic did not develop the Telescope catheter on its own, but instead
`
`copied VSI’s GuideLiner catheter. Medtronic has willfully infringed and continues to
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`willfully infringe the ’380 patent.
`
`72. VSI has satisfied the notice or marking provisions of 35 U.S.C. § 287.
`
`73. 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.
`
`COUNT III
`Claim for Patent Infringement of U.S. Patent No. RE45,776
`
`74.
`
`75.
`
`The allegations of paragraphs 1-73 are re-alleged as if fully set forth herein.
`
`Teleflex Life Sciences Limited 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.
`
`76. 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,
`
`
`16
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`Page 16
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`Medtronic Exhibit 1514
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`CASE 0:19-cv-01760-PJS-TNL Document 231 Filed 02/14/20 Page 17 of 42
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`using, offering to sell, selling, and importing (directly or through intermediaries), in this
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`District and elsewhere in the United States, guide extension catheters, namely the
`
`Telescope catheter.
`
`77. Attached as Exhibit N is a claim chart showing an example of how
`
`Medtronic infringes claims 25, 36, and 37 of the ’776 patent.
`
`78. Medtronic’s Telescope catheter satisfies claim element 25(p), as shown in
`
`Exhibit N.
`
`79. Medtronic’s Telescope catheter satisfies claim element 25(a), as shown in
`
`Exhibit N.
`
`80. Medtronic’s Telescope catheter satisfies claim element 25(b), as shown in
`
`Exhibit N.
`
`81. Medtronic’s Telescope catheter satisfies claim element 25(c), as shown in
`
`Exhibit N.
`
`82. Medtronic’s Telescope catheter satisfies claim element 25(d), as shown in
`
`Exhibit N.
`
`83. Medtronic’s Telescope catheter satisfies claim element 36, as shown in
`
`Exhibit N.
`
`84. Medtronic’s Telescope catheter satisfies claim element 37, as shown in
`
`Exhibit N.
`
`85. VSI did not give Medtronic authorization or license to make, use, offer to
`
`sell, sell, or import the Telescope catheter.
`
`
`17
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`Page 17
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`Medtronic Exhibit 1514
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`CASE 0:19-cv-01760-PJS-TNL Document 231 Filed 02/14/20 Page 18 of 42
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`86. Medtronic also indirectly infringes the ’776 patent, including at least claims
`
`25, 36, and 37 under at least 35 U.S.C. § 271(b).
`
`87. Upon information and belief, at least as early as February 22, 2019,
`
`Medtronic had knowledge of the ’776 patent.
`
`88. Medtronic has induced and continues to induce infringement in this District
`
`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
`
`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. E.g., Ex. A at
`
`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 . . . .”); Ex. E at 5
`
`(“The guide extension catheter is designed to act as an extension to a traditional guide
`
`18
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`Page 18
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`Medtronic Exhibit 1514
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`
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`CASE 0:19-cv-01760-PJS-TNL Document 231 Filed 02/14/20 Page 19 of 42
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`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 ’776 patent.
`
`89. 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 ’776 patent.
`
`90. VSI has satisfied the notice or marking provisions of 35 U.S.C. § 287.
`
`91. Medtronic’s infringement of the ’776 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 IV
`Claim for Patent Infringement of U.S. Patent No. RE47,379
`
`92.
`
`93.
`
`The allegations of paragraphs 1-91 are re-alleged as if fully set forth herein.
`
`Teleflex Life Sciences Limited is the owner of United States Patent No.
`
`RE47,379 (“’379 Patent”), which issued on May 7, 2019, a copy of which is attached as
`
`Exhibit J.
`
`94. Medtronic has infringed and continues to infringe one or more claims of the
`
`’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.
`
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`19
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`Page 19
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`Medtronic Exhibit 1514
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`CASE 0:19-cv-01760-PJS-TNL Document 231 Filed 02/14/20 Page 20 of 42
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`95. 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.
`
`96. Manufacture of Medtronic’s Telescope catheter satisfies claim element
`
`25(p), as shown in Exhibit O.
`
`97. Manufacture of Medtronic’s Telescope catheter satisfies claim element
`
`25(a), as shown in Exhibit O.
`
`98. Manufacture of Medtronic’s Telescope catheter satisfies claim element
`
`25(b), as shown in Exhibit O.
`
`99. Manufacture of Medtronic’s Telescope catheter satisfies