Transcript
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UNITED STATES DISTRIC COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO.
ATLAS IP, LLC, a Florida Limited Liability Corporation,
Plaintiff,
v.
BOSTON SCIENTIFIC CORPORATION, a Delaware
Corporation, and CARDIAC PACEMAKERS, INC.,
a Minnesota Corporation,
Defendants.
/
COMPLAINT AND DEMAND FOR JURY
Plaintiff, Atlas IP. LLC (“Atlas”), alleges by way of complaint against defendant, Boston
Scientific Corporation (“Boston Scientific”) and Cardiac Pacemakers, Inc. (“CPI”) (collectively
“Defendants”) as follows:
Atlas and I ts Patents
1. Atlas is a Florida LLC with a principal place of business at One SE Third Avenue, Suite
1200, Miami, Florida 33131.
2. Atlas is the owner by assignment of U.S. Patent Nos. 5,371,734 (“the ‘734 Patent”),
entitled Medium access control protocol for wireless network. Exhibit A.
3. The invention of the ‘734 Patent, the application for which was filed in January 1993, is
directed to “a reliable medium access control (MAC) protocol for wireless, preferably radio
frequency (RF), LAN-type network communications among a plurality of resources, such a[s] a
battery powered portable computers.” ‘734 Patent, col. 5, lines 10-14.
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The Defendants and the Accused Products
4. Boston Scientific is a Delaware Corporation with a principal place of business at One
Boston Scientific Place, Natick, Massachusetts 01760-1537.
5. CPI is a Minnesota Corporation with a principal place of business at 4100 Hamline
Avenue North, St. Paul, Minnesota 55112.
6. Upon information and belief, CPI is a wholly-owned subsidiary of Boston Scientific.
7. The Defendants manufacture, offer for sale, and/or sell implantable medical device
products (“IMDs”) and products that communicate with such IMDs (collectively “the Accused
Products”).
8. A claim chart comparing representative claims from the ‘734 patent to representative
Accused Products is attached hereto as Exhibit B.
9. Upon information and belief, the Defendants, at all times relevant to this complaint, have
been doing business in this Judicial District by, inter alia, selling and offering for sale the
Accused Products in this Judicial District.
J urisdiction and Venue
10. This Court has subject matter jurisdiction pursuant to 35 U.S.C. § 1338(a).
11. Venue is proper in this Judicial District pursuant to 35 U.S.C. § 1400(b).
12. This Court has personal jurisdiction over the Defendants by virtue of the Defendants
having done business in this Judicial District.
13. Joinder of the Defendants is proper pursuant to 35 U.S.C. § 299 insofar as the CPI is the
wholly-owned subsidiary of Boston Scientific, and the Accused Products for both Defendants are
the same.
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Count I – Patent I nfringement
14. Atlas hereby incorporates by reference the allegations contained in paragraphs 1-13,
above.
15. The Defendants’ manufacture, sale and/or offer to sell the Accused Products constitute
direct infringement of the claims of the ‘734 Patent pursuant to 35 U.S.C. §271(a).
16. The Defendants’ infringement of the ‘734 Patent has caused injury to Atlas.
WHEREFORE, Atlas respectfully requests that this Court award it compensatory
damages sufficient to compensate for Defendants’ infringement, and interest thereon, and award
Atlas such further relief in law and/or equity as the Court deems appropriate.
Dated: February 18, 2013 Respectfully submitted,
/s/Curtis Carlson
Curtis Carlson, FBN 236640
CARLSON & LEWITTES, P.A.
One Southeast Third Avenue
OF COUNSEL: 1200 SunTrust International Center
Miami, Florida 33131
Rolf O. Stadheim (305) 372-9700
George C. Summerfield
[email protected]
Kyle L. Harvey
STADHEIM & GREAR Counsel for Plaintiff
400 North Michigan Avenue Atlas IP, LLC
Suite 2200
Chicago, Illinois 60611
(312) 755-4400
[email protected]
[email protected]
[email protected]
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DEMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by jury.
Dated: February 18, 2013 Respectfully submitted,
/s/Curtis Carlson
Curtis Carlson, FBN 236640
CARLSON & LEWITTES, P.A.
One Southeast Third Avenue
OF COUNSEL: 1200 SunTrust International Center
Miami, Florida 33131
Rolf O. Stadheim (305) 372-9700
George C. Summerfield
[email protected]
Kyle L. Harvey
STADHEIM & GREAR Counsel for Plaintiff
400 North Michigan Avenue Atlas IP, LLC
Suite 2200
Chicago, Illinois 60611
(312) 755-4400
[email protected]
[email protected]
[email protected]