IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA

 FOUR MILE BAY LLC,

Plaintiff,

v.

ZIMMER HOLDINGS, INC.,

Defendant.

Case No.

JURY TRIAL DEMANDED

COMPLAINT 

Plaintiff Four Mile Bay LLC (“FMB”), by its undersigned attorneys, for its

Complaint against Defendant Zimmer Holdings, Inc. (“Zimmer”), states as follows: 

I. NATURE OF THE ACTION

1. This is a patent-infringement action by FMB against Zimmer, a manufacturer 

and marketer of reconstructive orthopedic implants, including hip implants. As detailed 

below, FMB has been harmed by Zimmer’s unlawful use of FMB’s patents for commercial 

purposes.

II. JURISDICTION AND VENUE

2. This action arises under the patent laws of the United States, 35 U.S.C. §§ 101 

et seq. This Court therefore has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 

1338(a).

3. This Court may exercise personal jurisdiction over Zimmer. Zimmer’s 

principal place of business is located in Warsaw, Indiana. Zimmer conducts continuous and 

systematic business in Indiana and this District. 

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4. Venue is proper under 28 U.S.C. §§ 1391(b)(1) and 1400(b). 

III. PARTIES

Plaintiff

5. FMB is a limited liability company organized under the laws of Nevada. 

FMB’s principal place of business is located in Wadsworth, Ohio. 

Defendant

6. Zimmer is a corporation organized under the laws of Delaware, with its 

principal place of business located in Warsaw, Indiana. Zimmer designs, develops, 

manufactures, and markets, among other things, hip implants. 

IV. CLAIMS OF PATENT INFRINGEMENT

7. FMB owns United States Patent No. 8,821,582 (the “‘582 patent”) attached 

hereto as Exhibit A.

8. On September 2, 2014, the ‘582 patent issued for an invention in a method of 

machining, fabricating, and attaching components of a hip implant with porous body. FMB

owned the ‘582 patent throughout the period of Zimmer’s infringing acts and still owns the 

‘582 patent. 

9. Zimmer has infringed and is still infringing the ‘582 patent by making, selling, 

and using hip implants—such as the Trabecular Metal Primary Hip Prosthesis—that 

embody the patented invention. 

10. FMB owns United States Patent No. 8,506,642 (the “‘642 patent”) attached 

hereto as Exhibit B.

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11. On August 13, 2013, the ‘642 patent issued for an invention of a hip implant 

with a porous body. FMB owned the ‘642 patent throughout the period of Zimmer’s 

infringing acts and still owns the ‘642 patent. 

12. Zimmer has infringed and is still infringing the ‘642 patent by making, selling, 

and using hip implants—such as the Trabecular Metal Primary Hip Prosthesis—that 

embody the patented invention. 

V. JURY DEMAND

Pursuant to Federal Rule of Civil Procedure 38(b), FMB demands a trial by jury of 

all claims in this Complaint so triable. 

VI. REQUEST FOR RELIEF

WHEREFORE, FMB prays for the following relief against Zimmer:

(A) Judgment that Zimmer has directly infringed claims of the ‘582 patent and the 

‘642 patent;

(B) For a reasonable royalty;

(C) For pre-judgment interest and post-judgment interest at the maximum rate 

allowed by law; and

(D) For such other and further relief as the Court may deem just and proper. 

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Date: February 6, 2015 Respectfully submitted, 

FOUR MILE BAY LLC

By: 

One of Plaintiff’s Attorneys

Joseph J. Siprut

jsiprut@siprut.com

Gregg M. Barbakoff

gbarbakoff@siprut.com

SIPRUT PC

17 North State Street

Suite 1600

Chicago, Illinois 60602

312.236.0000

Fax: 312.267.1906

Matthew M. Wawrzyn 

matt@wawrzynlaw.com 

Stephen C. Jarvis 

stephen@wawrzynlaw.com

WAWRZYN LLC

233 S. Wacker Dr.

84th Floor

Chicago, Illinois 60606

312. 283.8330 

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