Page 1 – COMPLAINT FOR PATENT INFRINGEMENT

CASE NO. 3:15-CV-01581

SHAWN J. KOLITCH, OSB No. 063980

E-mail: shawn@khpatent.com

KOLISCH HARTWELL, P.C.

200 Pacific Building

520 S.W. Yamhill Street

Portland, Oregon 97204

Telephone: (503) 224-6655

Facsimile: (503) 295-6679

Attorney for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

ACUMED LLC, a Delaware limited liability

company,

Plaintiff,

v.

SKELETAL DYNAMICS L.L.C., a

Florida limited liability company,

Defendant.

Case No. 3:15-cv-01581

COMPLAINT FOR PATENT

INFRINGEMENT

DEMAND FOR JURY TRIAL

Plaintiff Acumed LLC alleges, based on actual knowledge with respect to plaintiff and

plaintiff’s acts, and on information and belief with respect to other matters, as follows:

NATURE OF THE CASE

1. This is a civil suit for patent infringement under the patent laws of the United

States, 35 U.S.C. §§ 1 et seq., and specifically under 35 U.S.C. §§ 271 and 281.

Case 3:15-cv-01581-AC Document 1 Filed 08/20/15 Page 1 of 5
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CASE NO. 3:15-CV-01581

THE PARTIES

2. Plaintiff Acumed LLC (“Acumed”) is a Delaware limited liability company, with

a principal place of business and a mailing address at 5885 N.W. Cornelius Pass Road, Hillsboro,

Oregon 97124.

3. Defendant Skeletal Dynamics L.L.C. (“Skeletal Dynamics”) is a privately held

Florida limited liability company, with a principal place of business and a mailing address at

8905 S.W. 87 Avenue, Suite 201, Miami, Florida 33176.

JURISDICTION AND VENUE

4. This Court has federal question and diversity subject matter jurisdiction of this

action. The Court has federal question jurisdiction under 28 U.S.C. §§ 1331 and 1338(a) because

of the claim under 35 U.S.C. § 271 for patent infringement. The Court has diversity jurisdiction

under 28 U.S.C. § 1332 because the parties are citizens of different states (Oregon and Florida),

and because the amount in controversy, exclusive of interest and costs, exceeds seventy-five

thousand dollars ($75,000).

5. This Court has personal jurisdiction in this action because Skeletal Dynamics

conducts business, including selling and/or offering to sell products in connection with the

allegations of this lawsuit, in the state of Oregon and in this judicial district.

6. Venue is proper in this judicial district under 28 U.S.C. § 1391 and 1400, because

the injuries from the defendant’s actions are felt in this district, where Acumed’s principal place

of business is located, and because Skeletal Dynamics is subject to personal jurisdiction in this

district.

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CASE NO. 3:15-CV-01581

ACUMED’S PATENT

7. Acumed owns all right, title, and interest in U.S. Patent Nos. 6,030,162 (“the ‘162

patent”), including the right to sue thereon and the right to recover for infringement thereof. The

‘162 patent is titled “Axial Tension Screw” and issued on February 29, 2000. A copy of the ‘162

patent is attached hereto as Exhibit A. The ‘162 patent gives Acumed the right to exclude others

from making, using, offering for sale, and selling the invention claimed in the patent within the

United States and from importing the invention claimed in the patent into the United States.

THE SKELETAL DYNAMICS INFRINGING PRODUCTS

8. Skeletal Dynamics is making, using, offering for sale, selling, and/or importing

bone fixation screws that include sections with varying thread pitch and diameter, under the

name “REDUCT Headless Compression Screw,” constituting infringement of Acumed’s ‘162

patent. A copy of a publicly available Skeletal Dynamics brochure advertising the REDUCT

Headless Compression Screws and related instrumentation is attached hereto as Exhibit B.

CAUSES OF ACTION

9. Skeletal Dynamics has infringed and is infringing the ‘162 patent by making,

using, selling, offering to sell, and/or importing the Skeletal Dynamics REDUCT Headless

Compression Screws.

10. Infringement by Skeletal Dynamics has been and continues to be willful.

11. Acumed has suffered, and will continue to suffer, substantial damages in an

amount to be proven at trial, through lost profits, lost sales, and/or lost royalties, due to

infringement by Skeletal Dynamics.

12. Acumed has suffered, and will continue to suffer, permanent and irreparable

injury, for which Acumed has no adequate remedy at law.

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CASE NO. 3:15-CV-01581

13. Acumed is entitled to relief provided by 35 U.S.C. §§ 281, 283, 284, and 285.

PRAYER FOR RELIEF

WHEREFORE, Acumed prays for judgment as follows:

A. That Skeletal Dynamics has infringed, and is infringing, the ‘162 patent in

violation of 35 U.S.C. § 271;

B. That infringement by Skeletal Dynamics is willful;

C. That Skeletal Dynamics be preliminarily and permanently enjoined against all

acts of patent infringement, including but not limited to making, using, selling, offering to sell,

and importing the Skeletal Dynamics REDUCT Headless Compression Screws;

D. That Skeletal Dynamics be required to deliver to Acumed for destruction any and

all articles in its possession and/or under its control that infringe the ‘162, including but not

limited to all Skeletal Dynamics REDUCT Headless Compression Screws, and associated

packaging and advertisements;

E. That Skeletal Dynamics be ordered to pay Acumed the damages that Acumed has

suffered due to patent infringement by Skeletal Dynamics, together with interest thereon;

F. That Skeletal Dynamics be ordered to account for and pay Acumed the total

profits Skeletal Dynamics has received from the sale of products infringing the ‘162 patent;

G. That this case be declared exceptional pursuant to 35 U.S.C. § 285, due to willful

infringement by Skeletal Dynamics, and that Acumed be awarded trebled damages and its

reasonable attorneys’ fees and costs; and

H. That Acumed have such other and further relief as the Court and/or a jury deems

just and proper.

Case 3:15-cv-01581-AC Document 1 Filed 08/20/15 Page 4 of 5
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CASE NO. 3:15-CV-01581

DEMAND FOR JURY TRIAL

Acumed hereby demands a trial by jury of all matters so triable.

DATED this 20th day of August, 2015.

Respectfully submitted,

KOLISCH HARTWELL, P.C.

By s/ Shawn J. Kolitch

SHAWN J. KOLITCH, OSB No. 063980

E-mail: shawn@khpatent.com

200 Pacific Building

520 S.W. Yamhill Street

Portland, Oregon 97204

Telephone: (503) 224-6655

Facsimile: (503) 295-6679

Attorney for Plaintiff

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