Case 1:22-cv-00351-UNA Document 1 Filed 03/18/22 Page 1 of 6 PageID #: 1
`
`BARDY DIAGNOSTICS, INC.,
`
`
`
`
`
`
`
`
`v.
`
`Plaintiff,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`VITAL CONNECT, INC.,
`
`
`
`
`
`
`
`Defendant.
`
`C.A No. _________________
`
`DEMAND FOR JURY TRIAL
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Bardy Diagnostics, Inc. (“BardyDx”), by and through its attorneys, and for its Complaint
`
`against Vital Connect, Inc. (“VitalConnect”) alleges as follows:
`
`PARTIES
`
`1.
`
`BardyDx is a Delaware corporation with its principal place of business at 316
`
`Occidental Ave S, Suite B310, Seattle, Washington 98104.
`
`2.
`
`VitalConnect is a Delaware corporation with its principal place of business at 224
`
`Airport Parkway, Suite 300, San Jose, California 95110.
`
`JURISDICTION AND VENUE
`
`3.
`
`The Court has subject matter jurisdiction over BardyDx’s claims arising under the
`
`United States Patent Act, Title 35, including 35 U.S.C. § 271, pursuant to 28 U.S.C. § 1331 and
`
`1338(a).
`
`4.
`
`The Court has personal jurisdiction over VitalConnect at least because
`
`VitalConnect is organized and exists under the laws of the State of Delaware.
`
`5.
`
`Venue is proper pursuant to 28 U.S.C. § 1400(b) because VitalConnect is a
`
`Delaware corporation and, therefore, resides in the District.
`
`

`

`Case 1:22-cv-00351-UNA Document 1 Filed 03/18/22 Page 2 of 6 PageID #: 2
`
`FACTUAL ALLEGATIONS
`
`BardyDx’s U.S. Patent No. 11,051,743
`
`6.
`
`BardyDx was founded by an electrophysiologist and entrepreneur, Gust H. Bardy,
`
`M.D., to overcome challenges in ambulatory cardiac monitoring.
`
`7.
`
`BardyDx is the developer of an industry leading electrocardiography monitor called
`
`the CAM™ patch.
`
`8.
`
`BardyDx is also the assignee of the entire right, title and interest in numerous
`
`United States patents, including U.S. Patent No. 11,051,743 (“the ’743 patent”). The ’743 patent
`
`is attached hereto as Exhibit 1.
`
`9.
`
`The ’743 patent is titled “Electrocardiography Patch” and was duly and legally
`
`issued on July 6, 2021.
`
`10.
`
`The ’743 patent claims, among other things, an electrocardiography monitor
`
`comprising a backing including an elongated strip with a midsection connecting two ends of the
`
`backing. The mid-section is narrower than the two ends of the backing. An electrocardiographic
`
`electrode is on each end of the backing to capture electrocardiographic signals. A flexible circuit
`
`comprising a pair of circuit traces is electrically coupled to the electrocardiographic electrodes.
`
`The electrocardiography monitor also comprises a wireless transceiver to communicate a least a
`
`portion of the electrocardiographic signals, a battery on one of the ends of the backing, a processor
`
`powered by the battery, and a memory electrically interfaced with the processor and operable to
`
`store samples of the electrocardiographic signals.
`
`VitalConnect’s Infringing Activities and Products
`
`11.
`
`Upon information and belief, VitalConnect has and continues to infringe claims 1-
`
`20 of the ’743 patent in violation of § 271(a) by making, using, selling, and/or offering for sale in
`
`the United States the products referred to, advertised and/or sold under the names VitalPatch or
`
`2
`
`

`

`Case 1:22-cv-00351-UNA Document 1 Filed 03/18/22 Page 3 of 6 PageID #: 3
`
`VitalConnect Sensor, including without limitation the VitalPatch Biosensor, VitalPatch 1.0,
`
`VitalPatch 1.5, VitalPatch 2.0, VitalPatch RTM, and/or any other versions thereof that have been
`
`made, used, sold, and/or offered for sale in the United States by VitalConnect since the issuance
`
`of the ’743 patent (“the VitalPatch”).
`
`12.
`
`The VitalPatch is a battery-operated, wearable device to collect physiological data
`
`including, for example, heart rate, electrocardiographic signals, respiratory rate, body temperature,
`
`skin temperature, and activity such as step count. The VitalPatch includes, among other things, an
`
`adhesive patch, a pair of electrodes, at least one temperature sensor, a flexible circuit, a processor,
`
`an accelerometer, and a memory. The VitalPatch also includes a Bluetooth transmitter to
`
`communicate at least a portion of electrocardiographic signals to another device, such as a server
`
`and/or an end user’s computer or mobile device. Documents describing additional details on the
`
`components, features, and uses of the VitalPatch are attached as Exhibits 2-7.
`
`13.
`
`As shown in the claim chart attached as Exhibit 8, the VitalPatch meets each and
`
`every element of claims 1-20 of the ’743 patent, literally or under the doctrine of equivalents.
`
`14.
`
`Since the filing and service of this Complaint, VitalConnect has indirectly infringed
`
`claims 1-20 of the ’743 patent in violation of § 271(b) by actively and knowingly inducing patients
`
`to use the VitalPatch.
`
`15.
`
`As an example of its induced infringement, upon information and belief,
`
`VitalConnect encloses in the VitalPatch packaging detailed instructions for patients to use the
`
`VitalPatch. VitalConnect also directs patients to access the instructions on its website through the
`
`following URL: https://vitalconnect.com/resources/#instructions. (See also Exhibits 3-6).
`
`16.
`
`The VitalPatch Instructions provide patients with step-by-step mandatory
`
`instructions for, among other things, adhering the VitalPatch onto a patient’s body and connecting
`
`3
`
`

`

`Case 1:22-cv-00351-UNA Document 1 Filed 03/18/22 Page 4 of 6 PageID #: 4
`
`the VitalPatch to another device to capture, measure, communicate, process, store, and transmit
`
`physiological data. (See id.)
`
`17.
`
`VitalConnect has had knowledge of the ’743 patent and VitalConnect’s
`
`infringement of the ’743 patent since at least the filing and service of this Complaint.
`
`18.
`
`VitalConnect has knowingly induced infringement by end users and possessed
`
`specific intent to encourage the end users’ infringement since at least the filing and service of this
`
`Complaint.
`
`19.
`
` VitalConnect’s infringement has been knowing, intentional, and willful since at
`
`least the filing and service of this Complaint.
`
`COUNT I
`(Infringement of the ’743 Patent)
`
`20.
`
` BardyDx incorporates by reference, as if fully set forth herein, each of the
`
`allegations set forth in paragraphs 1 through 19.
`
`This is a claim for patent infringement under 35 U.S.C. § 271.
`
`VitalConnect has directly infringed and continues to directly infringe the ’743
`
`21.
`
`22.
`
`patent.
`
`23.
`
`VitalConnect has induced infringement of the ’743 patent since at least the filing
`
`and service of this Complaint.
`
`24.
`
`VitalConnect’s infringement has damaged and injured, and continues to damage
`
`and injure, BardyDx.
`
`25.
`
`The injury to BardyDx from VitalConnect’s continuing infringement is irreparable
`
`and will continue unless VitalConnect is enjoined from further infringement.
`
`26.
`
`VitalConnect has had actual knowledge of the ’743 patent since at least the filing
`
`and service of this Complaint, yet VitalConnect continues to infringe the patent.
`
`4
`
`

`

`Case 1:22-cv-00351-UNA Document 1 Filed 03/18/22 Page 5 of 6 PageID #: 5
`
`27.
`
`VitalConnect’s knowing, intentional, and willful infringement justifies an increase
`
`of up to three times the damages to be assessed pursuant to 35 U.S.C. § 285.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, BardyDx respectfully requests the following relief:
`
`1.
`
`Judgement in BardyDx’s favor and against VitalConnect on all claims for relief
`
`alleged herein;
`
`2.
`
`Preliminary and permanent injunctive relief, including orders from this Court
`
`prohibiting VitalConnect, and anyone acting or participating by, through or in concert with
`
`VitalConnect, from infringing the ’743 patent;
`
`3.
`
`Damages in an amount to be further proven at trial, including trebling of all
`
`damages with respect to infringement of the ’743 patent;
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`Determination that this is an exceptional case under 35 U.S.C. § 285;
`
`Costs of suit incurred herein;
`
`Prejudgment interest;
`
`Attorneys’ fees and costs; and
`
`Such other and further relief as the Court may deem to be just and proper.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff Bardy Diagnostics, Inc. hereby demands a trial by jury on all issues so triable.
`
`
`
`
`
`5
`
`

`

`Case 1:22-cv-00351-UNA Document 1 Filed 03/18/22 Page 6 of 6 PageID #: 6
`
`
`
`POTTER ANDERSON & CORROON LLP
`
`
`By: /s/ Philip A. Rovner
`Philip A. Rovner (#3215)
`Jonathan A. Choa (#5319)
`Hercules Plaza
`P.O. Box 951
`Wilmington, DE 19899
`(302) 984-6000
`provner@potteranderson.com
`jchoa@potteranderson.com
`
`
`Attorneys for Bardy Diagnostics, Inc.
`
`
`OF COUNSEL:
`
`Stephen M. Hankins
`RILEY SAFER HOLMES
` & CANCILA LLP
`456 Montgomery Street, 16th Floor
`San Francisco, CA 94104
`(415) 275-8550
`
`Louis A. Klapp
`Michael H. Fleck
`Edgar Matias
`RILEY SAFER HOLMES
` & CANCILA LLP
`70 W Madison Street, Suite 2900
`Chicago, IL 60602
`(312) 471-8700
`
`Dated: March 18, 2022
`10071041
`
`
`
`6
`
`