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Official Complaint for Patent Infringement in Civil Action No. 1:14-cv-00529-SSB: Blatchford Products Limited et. al. v. Freedom Innovations, LLC. Filed in U.S. District Court for the Southern District of Ohio, the Hon. Sandra S Beckwith presiding. See http://news.priorsmart.com/-laCH for more info.
Titolo originale
Blatchford Products et. al. v. Freedom Innovations
Official Complaint for Patent Infringement in Civil Action No. 1:14-cv-00529-SSB: Blatchford Products Limited et. al. v. Freedom Innovations, LLC. Filed in U.S. District Court for the Southern District of Ohio, the Hon. Sandra S Beckwith presiding. See http://news.priorsmart.com/-laCH for more info.
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Official Complaint for Patent Infringement in Civil Action No. 1:14-cv-00529-SSB: Blatchford Products Limited et. al. v. Freedom Innovations, LLC. Filed in U.S. District Court for the Southern District of Ohio, the Hon. Sandra S Beckwith presiding. See http://news.priorsmart.com/-laCH for more info.
Copyright:
Public Domain
Formati disponibili
Scarica in formato PDF, TXT o leggi online su Scribd
1. PlaintiII BlatchIord Products Limited ('BlatchIord Limited) is a corporation organized and existing under the laws oI the United Kingdom, having its registered address at Lister Road, Basingstoke, Hampshire, United Kingdom RG22 4AH. BlatchIord Limited is a wholly-owned subsidiary oI Chas. A. BlatchIord & Sons Limited ('Chas. A. BlatchIord & Sons), also a corporation organized and existing under the laws oI the United Kingdom. 2. Co-plaintiII BlatchIord, Inc. is a Delaware corporation that maintains its principal place oI business within this judicial district at 1031 Byers Road, Miamisburg, - 2 - Ohio 45342. BlatchIord, Inc. is also a wholly-owned subsidiary oI Chas A. BlatchIord & Sons Limited, the BlatchIord entities collectively reIerred to herein as 'BlatchIord. 3. DeIendant Freedom Innovations, LLC ('Freedom Innovations) is, on inIormation and belieI, a corporation organized and existing under the laws oI the State oI Delaware, having a principal place oI business at 3 Morgan, Irvine, CaliIornia 92618. 4. This is an action Ior Iederal patent inIringement pursuant to 35 U.S.C. 281. This Court has jurisdiction over the subject matter oI this action pursuant to 28 U.S.C. 1331 and 1338(a), and venue has been properly laid in this District pursuant to 28 U.S.C. 1391(c) and 1400(b). 5. BlatchIord is a leading manuIacturer oI a variety oI medical care devices including prosthetic devices Ior enhancing the liIestyles oI individuals that suIIer Irom loss oI limbs. BlatchIord has been actively engaged in this Iield since its establishment more than 120 years ago in London, England. 6. BlatchIord is also actively engaged in extensive research and development eIIorts directed to enhancing the Ieatures oI its prosthetic products, as well as to the design oI new products. 7. In 2008 BlatchIord introduced a new design Ior a prosthetic Ioot/ankle assembly incorporating an innovative ankle design utilizing hydraulic damping in order to provide added stability and a more natural gait during ambulation. BlatchIord`s innovative product, marketed under the trademark ECHELON, has achieved signiIicant market acceptance. The ECHELON product is manuIactured in part and assembled by BlatchIord, Inc. at its Iacility in Miamisburg Ior sale in the United States. - 3 - 8. BlatchIord Limited is the record owner oI all interest in and to United States Patent Nos. 8,574,312 ('the `312 patent) and 8,740,991 ('the `991 patent), both oI which are entitled 'Prosthetic Ankle Joint Mechanism. The `312 patent, a copy oI which is attached as Exhibit 1, was granted on November 5, 2013, while the `991 patent (attached as Exhibit 2) was granted on June 3, 2014. The `312 and `991 patents are directed to the innovative Ieatures incorporated in BlatchIord`s ECHELON product. BlatchIord, Inc. is the exclusive licensee Ior sales oI the patented products in the United States. 9. On inIormation and belieI, Freedom Innovations is engaged in the manuIacture, marketing, distribution, and sale oI a prosthetic Ioot product under the brand name 'Kinterra, which is sold through established distribution channels throughout the United States, including in this judicial district. Further, on inIormation and belieI, the Kinterra product incorporates the innovative Ieatures oI the ECHELON product and is encompassed by BlatchIord`s `312 and `991 patents in suit. 10. The manuIacture, use, sale or oIIer oI sale oI the Kinterra product by Freedom Innovations constitutes inIringement oI the `312 and `991 patents within the meaning oI 35 U.S.C. 271. 11. BlatchIord has previously given notice to Freedom Innovations oI its claims under the `312 patent, but Freedom has not abated any oI its relevant activity to BlatchIord`s knowledge. Accordingly, Freedom Innovations` acts oI unauthorized manuIacture and sale will apparently continue unabated unless and until enjoined by this Court. - 4 - 12. On inIormation and belieI, Freedom InIormation`s acts oI inIringement have been committed in willIul and deliberate disregard Ior BlatchIord`s patent rights and without reasonable justiIication thereIor, thereby making this an exceptional case within the meaning oI 35 U.S.C. 285. WHEREFORE, BlatchIord prays Ior the entry oI a judgment: 1. Holding that Freedom Innovations has manuIactured, marketed, and sold prosthetic Ioot products and related equipment that inIringe relevant claims oI the `312 and `991 patents; 2. Awarding BlatchIord damages suIIicient to compensate Ior such unauthorized acts oI inIringement in accordance with 35 U.S.C. 284, together with prejudgment interest; 3. Increasing the damages up to three times by virtue oI the willIul and deliberate nature oI Freedom Innovations` acts oI inIringement in accordance with 35 U.S.C. 284; 4. Awarding BlatchIord its reasonable attorneys` Iees and costs incurred in connection with this action; 5. Permanently enjoining Freedom Innovations and any parties in privity therewith Irom any Iurther acts oI inIringement; and 6. Awarding such other and Iurther relieI as the Court may deem just and proper. Dated: June 25, 2014 - 5 - RespectIully submitted,
/s/ Charles H. Brown, III Charles H. Brown, III Trial Attorney Paul J. Linden Wood Herron & Evans, LLP 441 Vine Street, Suite 2700 Cincinnati, Ohio 45202 Tel: (513) 241-2324 Fax: (513) 241-6234 E-mail: cbrownwhe-law.com plindenwhe-law.com
Attorneys Ior PlaintiIIs BlatchIord Products Limited and BlatchIord, Inc. OI Counsel:
Blas P. Arroyo Alston & Bird LLP Bank oI America Plaza 101 South Tryon Street, Suite 4000 Charlotte, NC 28280-4000 Tel: (704) 444-1012 Fax: (704) 444-1111 E-mail: blas.arroyoalston.com
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