Case: 1:20-cv-06821 Document #: 1 Filed: 11/17/20 Page 1 of 36 PageID #:1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`OsteoMed LLC,
`
`Plaintiff,
`
`v.
`
`Stryker Corporation,
`
`Defendant.
`
`Case No. ____________
`1:20-cv-6821
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF OSTEOMED LLC’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff OsteoMed LLC (“OsteoMed”) files this complaint for patent infringement against
`
`Defendant Stryker Corporation (“Stryker”) alleging, based on its own knowledge as to itself and
`
`its own actions, and based on information and belief as to all other matters, as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is a civil action arising under the patent laws of the United States, 35 U.S.C. §
`
`1 et seq., including specifically 35 U.S.C. § 271, based on Stryker’s willful infringement of
`
`8,529,608 (“the ’608 Patent”) (Exhibit A); 9,351,776 (“the ’776 Patent”) (Exhibit B); 9,763,716
`
`(“the ’716 Patent”) (Exhibit C); and 10,245,085 (“the ’085 Patent”) (Exhibit D) (collectively “the
`
`Patents-in-Suit”).
`
`THE PARTIES
`
`2.
`
`OsteoMed is a Delaware limited liability company with its principle place of
`
`business at 3885 Arapaho Road Addison, Texas 75001.
`
`3.
`
`Stryker is a Michigan corporation with its principal place of business at 2825
`
`Airview Boulevard, Kalamazoo, Michigan 49002.
`
`1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`OsteoMed LLC,
`
`Plaintiff,
`
`v.
`
`Stryker Corporation,
`
`Defendant.
`
`Case No. ____________
`1:20-cv-6821
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF OSTEOMED LLC’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff OsteoMed LLC (“OsteoMed”) files this complaint for patent infringement against
`
`Defendant Stryker Corporation (“Stryker”) alleging, based on its own knowledge as to itself and
`
`its own actions, and based on information and belief as to all other matters, as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is a civil action arising under the patent laws of the United States, 35 U.S.C. §
`
`1 et seq., including specifically 35 U.S.C. § 271, based on Stryker’s willful infringement of
`
`8,529,608 (“the ’608 Patent”) (Exhibit A); 9,351,776 (“the ’776 Patent”) (Exhibit B); 9,763,716
`
`(“the ’716 Patent”) (Exhibit C); and 10,245,085 (“the ’085 Patent”) (Exhibit D) (collectively “the
`
`Patents-in-Suit”).
`
`THE PARTIES
`
`2.
`
`OsteoMed is a Delaware limited liability company with its principle place of
`
`business at 3885 Arapaho Road Addison, Texas 75001.
`
`3.
`
`Stryker is a Michigan corporation with its principal place of business at 2825
`
`Airview Boulevard, Kalamazoo, Michigan 49002.
`
`1
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`4.
`
`Upon information and belief, Stryker’s unincorporated division, Stryker Foot and
`
`Ankle, has a place of business at 350 North Orleans St. Suite 650 S., Chicago, Illinois 60654.
`
`5.
`
`Stryker advertises its Foot and Ankle location in Chicago, Illinois on its website:
`
`
`
`6.
`
`Upon information and belief, Stryker customer service support to customers who
`
`purchase the Anchorage® CP, Anchorage® 2 CP, and VariAx® 2 plating systems (collectively
`
`referred to herein as the “Anchorage CP plating systems”) through its location in Chicago, Illinois.
`
`JURISDICTION AND VENUE
`
`7.
`
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1338(a) because the claims herein arise under the patent laws of the United States, 35 U.S.C. § 1
`
`et seq., including 35 U.S.C. § 271.
`
`8.
`
`This Court has personal jurisdiction over Stryker in this action because Stryker,
`
`upon information and belief, has committed acts of infringement within the State of Illinois and
`
`within this District through, for example, the sale of the Anchorage CP plating systems in this
`
`District. Stryker regularly transacts business in the State of Illinois and within this District. Stryker
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`engages in other persistent courses of conduct and derives substantial revenue from products
`
`provided in this District and in Illinois, and has purposefully established substantial, systematic,
`
`2
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`and continuous contacts within this District and should reasonably expect to be sued in a court in
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`this District. For example, Stryker has an office in this District and offers customer service support
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`to customers who buy the infringing products in this District. Stryker also has a registered agent
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`for service in Illinois. Given these contacts, the Court’s exercise of jurisdiction over Stryker will
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`not offend traditional notions of fair play and substantial justice.
`
`9.
`
`Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b), (c) and l400(b).
`
`Stryker has regular and established places of business in this District, including at 350 North
`
`Orleans St. Suite 650 S., Chicago, Illinois 60654. Stryker has committed acts within this District,
`
`giving rise to this action. Stryker continues to conduct business in this District, including one or
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`more acts of making, selling, importing and/or offering for sale infringing products or providing
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`support service to Stryker’s customers in this District.
`
`FACTUAL BACKGROUND
`
`10.
`
`OsteoMed is a leading global innovator, developer, manufacturer and marketer of
`
`specialty medical devices, surgical implants, and powered surgical instruments.
`
`11.
`
`OsteoMed was founded in 1990 in Glendale, California by Rick Buss, a medical
`
`device sales representative, and Jim Lafferty, a medical device engineer. The company was
`
`founded on the principle of close collaboration between the company and doctors, with products
`
`made to their specifications. In the mid-1990s, OsteoMed relocated to Addison, Texas, seeking a
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`more central location for product distribution.
`
`12.
`
`OsteoMed focuses on meeting the needs of surgeons and their patients by
`
`developing and delivering innovative, technically advanced, quality products focused on
`
`improving patient outcomes.
`
`3
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`13.
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`OsteoMed provides a variety of implantable devices used in foot and ankle surgery,
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`including its ExtremiLOCK™ Foot Plating System.
`
`14.
`
`The ExtremiLOCK™ Foot Plating System includes the latest in variable angled
`
`locking screw and plate technology to treat multiple reconstructive and trauma applications of the
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`forefoot, midfoot, and hindfoot. The ExtremiLOCK™ Foot Plating System features double-lead
`
`screws which allow for faster insertion and reduced O.R. time. Specialized instrumentation
`
`complete this comprehensive system which allows for multiple intra-operative options to better
`
`treat the indication.
`
`15.
`
`“The metatarso-phalangeal joint is a joint between a metatarsal bone of the foot and
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`the proximal phalanx of a toe. It is common, particularly in sports, for the first metatarso-
`
`phalangeal joint (e.g., the metatarso-phalangeal joint of the big toe) to be injured as a result of
`
`trauma to or hyper extension of the big toe. In other scenarios, degradation of the metatarso-
`
`phalangeal joint may be caused by arthritis.” Ex. A, ’608 Patent at 3:14–20.
`
`16. While minor injuries to the metatarso-phalangeal joint may often be treated using
`
`conservative measures such as immobilization and icing of the toe, accompanied by rest and anti-
`
`inflammatory medication, severely damaged metatarso-phalangeal joint may require a bone plate
`
`that is laid across the joint. See id. at 3:20–45.
`
`17.
`
`“The plate may then be screwed to the bones of the joint to hold them in alignment
`
`next to one another, enabling the joint fuse. However, when a load is placed upon the joint (e.g.,
`
`when weight is placed upon the foot) it is possible for the plate to bend or break above the joint.
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`This may cause the bones of the joint to fall out of approximation, resulting in a non-union (e.g.,
`
`a failed fusion of the joint). Consequently, the ability to rigidly hold the bones of a joint in tight
`
`4
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`approximation without bending or breaking is one metric for judging the effectiveness of a joint-
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`fixation plate.” Id. at 3:45–55.
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`OsteoMed’s Solution – Use of a Transfixation Screw
`
`18.
`
`In early 2009, OsteoMed began investigating the use of a transfixation screw to
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`“increase the durability and reliability of a joint-fixation plate.” Id. at 3:56–59.
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`19.
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`OsteoMed found that “once the transfixation screw is screwed across the joint, it
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`may absorb some of the stress that would otherwise be exerted on the plate when a load is placed
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`upon the joint. This may reduce the strain on the plate, increasing its reliability and durability.
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`Additionally, while the plate may provide lateral support for the joint, the transfixation screw may
`
`hold the bones of the joint in tight approximation, increasing the likelihood of a positive fusion of
`
`the joint. This may be particularly important on the plantar side of the joint due to tensile stresses
`
`exerted on that side of the joint when loaded.” Id. at 3:59–4:2.
`
`20.
`
`On April 28, 2009, Lance Terrill, an engineer specializing in orthopedic applied
`
`research and product development, and Dr. Bruce Werber, DPM, a Board-Certified reconstructive
`
`foot and ankle surgeon, filed U.S. Patent Application No. 12/431,017, which later issued as the
`
`’608 Patent on September 10, 2013.
`
`21.
`
`The claims of the ’608 Patent are directed to “[a] plate for securing bones together
`
`across an intermediate joint [that includes] a transfixation screw hole.” Id. at cl. 11.
`
`22.
`
`On August 30, 2013, U.S. Patent Application No. 14/015,900 was filed, which
`
`claimed priority to U.S. Patent Application No. 12/431,017, and eventually issued as the ’776
`
`Patent on May 31, 2016.
`
`5
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`23.
`
`On May 5, 2016, U.S. Patent Application No. 15/147,828 was filed, which claimed
`
`priority to U.S. Patent Application Nos. 14/015,900 and 12/431,017, and eventually issued as the
`
`’716 Patent on September 19, 2017.
`
`24.
`
`On September 18, 2017, U.S. Patent Application No. 15/707,891 was filed, which
`
`claimed priority to U.S. Patent Application Nos. 15/147,828, 14/015,900, and 12/431,017, and
`
`eventually issued as the ’085 Patent on April 2, 2019.
`
`25.
`
`OsteoMed received FDA approval for its first foot plating system in 2009. Ex. E.
`
`The ExtremiLOCK™ Foot Plating System received FDA approval in June 2013. Ex. F.
`
`26. Many of the plates that are part of the ExtremiLOCK™ Foot Plating System include
`
`the use of a transfixation screw to secure two bones together across a joint:
`
`
`
`Ex. G at 5.
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`Stryker’s Infringing Products
`
`27.
`
`Stryker is a global medical device company that manufactures and sells implants
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`used in joint replacement and trauma surgeries; surgical equipment and surgical navigation
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`systems; endoscopic and communications systems; patient handling and emergency medical
`
`equipment; neurosurgical, neurovascular, and spinal devices; as well as other medical device
`
`products used in a variety of medical specialties.
`
`28.
`
`Stryker has a line of implantable devices used in foot and ankle surgery, the
`
`Anchorage CP plating systems.
`
`6
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`29.
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`The Anchorage CP plating system can be used to treat a first metatarso-phalangeal
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`joint by fusing the first metatarsal and proximal phalanx. The Anchorage CP plating system
`
`utilizes a transfixation screw to secure two bones together across a joint:
`
`
`
`Ex. H at 27; Ex. I at 13; see also Ex. J at 2.
`
`COUNT I
`
`(Infringement of the ’608 Patent)
`
`30.
`
`OsteoMed incorporates by reference and realleges each and every allegation of
`
`Paragraphs 1 through 29 as if set forth herein.
`
`31.
`
`OsteoMed owns all substantial rights, interest, and title in and to the ’608 Patent,
`
`including the sole and exclusive right to prosecute this action and enforce the ’608 Patent against
`
`infringers, and to collect damages for all relevant times.
`
`7
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`32.
`
`The ’608 Patent generally directed to “[a] system for securing bones together across
`
`a joint [that] includes a transfixation screw and a plate.” Ex. A, ’608 Patent at Abstract.
`
`33.
`
`Stryker has made, had made, imported, supplied, distributed, sold, and/or offered
`
`for sale the Anchorage CP plating systems in this District and elsewhere in the United States.
`
`34.
`
`As set forth below, Stryker directly infringes at least claim 11 of the ’608 Patent,
`
`either literally or under the doctrine of equivalents, by making, having made, importing, supplying,
`
`distributing, selling (directly or through intermediaries), and/or offering for sale, the Anchorage
`
`CP plating systems.
`
`35.
`
`For example, Stryker has infringed claim 11 of the ’608 Patent, which recites as
`
`follows:
`
`11. A plate for securing two discrete bones together across an intermediate
`joint, comprising:
`
`an elongate spine having:
`
`a first end comprising:
`
`at least one fixation point for attaching the first end to a first
`discrete bone on a first side of a joint; and
`
`a first inner surface configured to substantially conform with
`a geometry of the first bone;
`
`a second end comprising:
`
`at least one fixation point for attaching the second end to a
`second discrete bone on a second side of the joint; and
`
`a second inner surface configured to substantially conform
`with a geometry of the second bone; and
`
`a bridge portion disposed between the first end and the second end,
`the bridge portion configured to span across the joint; and
`
`a transfixation screw hole disposed along the spine, the transfixation screw
`hole comprising an inner surface configured to direct a transfixation screw
`through the transfixation screw hole such that the transfixation screw
`extends alongside the bridge portion at a trajectory configured to pass
`
`8
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`through a first position on the first bone and a second position on the second
`bone once the plate is placed across the joint, enabling said screw to absorb
`tensile load when the second bone is loaded permitting transfer of the tensile
`load through said screw into said bridge, wherein at least a portion of said
`bridge portion and said transfixation screw hole has a thickness greater than
`at least a portion of said first and second ends.
`
`36.
`
`The Anchorage CP plating system is “a plate for securing two discrete bones
`
`together across an intermediate joint” as required by claim 11 of the ’608 Patent:
`
`
`
`
`
`9
`
`
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`
`
`
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`37.
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`The Anchorage CP plating system has “a plate [] comprising an elongate spine” as
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`required by claim 11 of the ’608 Patent:
`
`Elongate spine
`
`
`
`38.
`
`The Anchorage CP plating system has “a plate [] having a first end comprising: at
`
`least one fixation point for attaching the first end to a first discrete bone on a first side of a joint;
`
`and a first inner surface configured to substantially conform with a geometry of the first bone” as
`
`required by claim 11 of the ’608 Patent:
`
`10
`
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`1st end with
`fixation point
`
`1st inner surface configured to
`substantially conform with a
`geometry of the first bone
`
`
`
`39.
`
`The Anchorage CP plating system has “a plate [] having [] a second end
`
`comprising: at least one fixation point for attaching the second end to a second discrete bone on a
`
`second side of the joint; and a second inner surface configured to substantially conform with a
`
`geometry of the second bone” as required by claim 11 of the ’608 Patent:
`
`2nd end with
`fixation point
`
`2nd inner surface configured to
`substantially conform with a
`geometry of the second bone
`
`11
`
`
`
`
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`40.
`
`The Anchorage CP plating system has “a plate [] having [] a bridge portion disposed
`
`between the first end and the second end, the bridge portion configured to span across the joint”
`
`as required by claim 11 of the ’608 Patent:
`
`1st end
`
`Bridge portion
`
`2nd end
`
`Bridge portion
`spanning the joint
`
`
`
`41.
`
`The Anchorage CP plating system has “a plate [] having [] a transfixation screw
`
`hole disposed along the spine, the transfixation screw hole comprising an inner surface configured
`
`to direct a transfixation screw through the transfixation screw hole such that the transfixation screw
`
`extends alongside the bridge portion at a trajectory configured to pass through a first position on
`
`the first bone and a second position on the second bone once the plate is placed across the joint,
`
`enabling said screw to absorb tensile load when the second bone is loaded permitting transfer of
`
`the tensile load through said screw into said bridge” as required by claim 11 of the ’608 Patent:
`
`12
`
`
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`Transfixation screw hole trajectory
`extending through 1st bone to 2nd bone
`
`
`
`
`
`42.
`
`The Anchorage CP plating system has “a plate having [] a bridge portion [] wherein
`
`at least a portion of said bridge portion and said transfixation screw hole has a thickness greater
`
`than at least a portion of said first and second ends” as required by claim 11 of the ’608 Patent:
`
`13
`
`
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`1st end
`
`Bridge portion
`
`2nd end
`
`A greater depth than
`1st and 2nd ends
`
`
`
`43.
`
`Stryker’s infringement of the ’608 Patent has caused, and will continue to cause,
`
`OsteoMed to suffer substantial and irreparable harm.
`
`44.
`
`Stryker’s infringement of the ’608 Patent will result in loss of market share for
`
`OsteoMed’s ExtremiLOCK™ Foot Plating System. Such losses cannot be adequately compensated
`
`for in money damages.
`
`45.
`
`Upon information and belief, Stryker’s infringement of the ’608 Patent will expose
`
`OsteoMed to loss of pricing discretion for OsteoMed’s ExtremiLOCK™ Foot Plating System and
`
`price erosion whose magnitude and adverse effects cannot be adequately compensated for in
`
`money damages.
`
`46.
`
`Stryker’s infringement of the ’608 Patent has disrupted, and will disrupt,
`
`OsteoMed’s customer relationships. Such disruption will result in the formation of customer
`
`relationships between Stryker and OsteoMed’s existing customers, the adverse effects of which
`
`cannot be adequately compensated for in money damages.
`
`14
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`47.
`
`Thus, Stryker is liable to OsteoMed in an amount that compensates it for such
`
`infringement, which by law cannot be less than a reasonable royalty, together with interest and
`
`costs as fixed by this Court under 35 U.S.C. § 284.
`
`48.
`
`Stryker has been aware that it infringes the ’608 Patent since at least September 2,
`
`2020.
`
`49.
`
`Stryker’s infringement of the ’608 Patent is, has been, and continues to be, willful,
`
`intentional, deliberate, and/or in conscious disregard of OsteoMed’s rights under the ’608 Patent.
`
`COUNT II
`
`(Infringement of the ’776 Patent)
`
`50.
`
`OsteoMed incorporates by reference and realleges each and every allegation of
`
`Paragraphs 1 through 49 as if set forth herein.
`
`51.
`
`OsteoMed owns all substantial rights, interest, and title in and to the ’776 Patent,
`
`including the sole and exclusive right to prosecute this action and enforce the ’776 Patent against
`
`infringers, and to collect damages for all relevant times.
`
`52.
`
`The ’776 Patent generally directed to “[a] system for securing bones together across
`
`a joint [that] includes a transfixation screw and a plate.” Ex. B, ’776 Patent at Abstract.
`
`53.
`
`Stryker has made, had made, imported, supplied, distributed, sold, and/or offered
`
`for sale the Anchorage CP plating systems in this District and elsewhere in the United States.
`
`54.
`
`As set forth below, Stryker directly infringes at least claim 1 of the ’776 Patent,
`
`either literally or under the doctrine of equivalents, by making, having made, importing, supplying,
`
`distributing, selling (directly or through intermediaries), and/or offering for sale, the Anchorage
`
`CP plating systems.
`
`15
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`55.
`
`For example, Stryker has infringed claim 1 of the ’776 Patent, which recites as
`
`follows:
`
`1. A system for securing two discrete bones together across a joint between
`the two bones, comprising:
`
`an elongate spine having:
`
`a first end comprising:
`
`at least one fixation point for attaching the first end to a first
`discrete bone on a first side of an intermediate joint; and
`
`a first inner surface configured to substantially conform with
`a geometry of the first discrete bone;
`
`a second end comprising:
`
`at least one fixation point for attaching the second end to a
`second discrete bone on a second side of the joint; and
`
`a second inner surface configured to substantially conform
`with a geometry of the second discrete bone; and
`
`a bridge portion disposed between the first end and the second end,
`the bridge portion configured to span across the joint, at least a
`portion of said bridge portion having a depth greater than at least a
`portion of the depth of either the first end or the second end; and
`
`a transfixation screw hole disposed along the spine, the transfixation
`screw hole comprising an inner surface configured to direct the
`transfixation screw through the transfixation screw hole such that
`the transfixation screw extends the bridge portion at a trajectory
`configured to pass through a first position on the first discrete bone,
`a portion of the joint, and a second position on the second discrete
`bone once the plate is placed across the joint; and
`
`a transfixation screw comprising a head configured to abut the inner
`surface of the transfixation screw hole and a shaft configured to
`contiguously extend through the first discrete bone, through the
`joint, and into the second discrete bone so as to absorb tensile load
`when the second discrete bone is loaded relative to the first discrete
`bone thereby transferring the tensile load from the second discrete
`bone, through the screw into said head and said bridge portion.
`
`16
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`56.
`
`The Anchorage CP plating system is “a system for securing two discrete bones
`
`together across a joint between the two bones” as required by claim 1 of the ’776 Patent:
`
`57.
`
`The Anchorage CP plating system has “an elongate spine” as required by claim 1
`
`
`
`of the ’776 Patent:
`
`Elongate spine
`
`
`
`58.
`
`The Anchorage CP plating system has “a first end comprising: at least one fixation
`
`point for attaching the first end to a first discrete bone on a first side of an intermediate joint; and
`
`a first inner surface configured to substantially conform with a geometry of the first discrete bone”
`
`as required by claim 1 of the ’776 Patent:
`
`17
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`1st end with
`fixation point
`
`First inner surface configured
`to substantially conform with a
`geometry of the first bone
`
`
`
`59.
`
`The Anchorage CP plating system has “a second end comprising: at least one
`
`fixation point for attaching the second end to a second discrete bone on a second side of the joint;
`
`and a second inner surface configured to substantially conform with a geometry of the second
`
`discrete bone” as required by claim 1 of the ’776 Patent:
`
`2nd end with
`fixation point
`
`Second inner surface configured to
`substantially conform with a
`geometry of the second bone
`
`
`
`18
`
`
`
`Case: 1:20-cv-06821 Document #: 1 Filed: 11/17/20 Page 19 of 36 PageID #:19
`
`60.
`
`The Anchorage CP plating system has “a bridge portion disposed between the first
`
`end and the second end, the bridge portion configured to span across the joint, at least a portion of
`
`said bridge portion having a depth greater than at least a portion of the depth of either the first end
`
`or the second end” as required by claim 1 of the ’776 Patent:
`
`1st end
`
`Bridge portion
`
`2nd end
`
`Bridge portion
`spanning the joint
`
`A greater depth than
`1st and 2nd ends
`
`
`
`61.
`
`The Anchorage CP plating system has “a transfixation screw hole disposed along
`
`the spine, the transfixation screw hole comprising an inner surface configured to direct the
`
`transfixation screw through the transfixation screw hole such that the transfixation screw extends
`
`the bridge portion at a trajectory configured to pass through a first position on the first discrete
`
`bone, a portion of the joint, and a second position on the second discrete bone once the plate is
`
`placed across the joint” as required by claim 1 of the ’776 Patent:
`
`19
`
`
`
`Case: 1:20-cv-06821 Document #: 1 Filed: 11/17/20 Page 20 of 36 PageID #:20
`
`Transfixation screw hole trajectory
`extending through 1st bone to 2nd bone
`
`
`
`62.
`
`The Anchorage CP plating system has “a transfixation screw comprising a head
`
`configured to abut the inner surface of the transfixation screw hole and a shaft configured to
`
`contiguously extend through the first discrete bone, through the joint, and into the second discrete
`
`bone so as to absorb tensile load when the second discrete bone is loaded relative to the first
`
`discrete bone thereby transferring the tensile load from the second discrete bone, through the screw
`
`into said head and said bridge portion” as required by claim 1 of the ’776 Patent:
`
`
`
`20
`
`
`
`Case: 1:20-cv-06821 Document #: 1 Filed: 11/17/20 Page 21 of 36 PageID #:21
`
`63.
`
`Stryker’s infringement of the ’776 Patent has caused, and will continue to cause,
`
`OsteoMed to suffer substantial and irreparable harm.
`
`64.
`
`Stryker’s infringement of the ’776 Patent will result in loss of market share for
`
`OsteoMed’s ExtremiLOCK™ Foot Plating System. Such losses cannot be adequately compensated
`
`for in money damages.
`
`65.
`
`Upon information and belief, Stryker’s infringement of the ’776 Patent will expose
`
`OsteoMed to loss of pricing discretion for OsteoMed’s ExtremiLOCK™ Foot Plating System and
`
`price erosion whose magnitude and adverse effects cannot be adequately compensated for in
`
`money damages.
`
`66.
`
`Stryker’s infringement of the ’776 Patent has disrupted, and will disrupt,
`
`OsteoMed’s customer relationships. Such disruption will result in the formation of customer
`
`relationships between Stryker and OsteoMed’s existing customers, the adverse effects of which
`
`cannot be adequately compensated for in money damages.
`
`67.
`
`Thus, Stryker is liable to OsteoMed in an amount that compensates it for such
`
`infringement, which by law cannot be less than a reasonable royalty, together with interest and
`
`costs as fixed by this Court under 35 U.S.C. § 284.
`
`68.
`
`Stryker has been aware that it infringes the ’776 Patent since at least September 2,
`
`2020.
`
`69.
`
`Stryker’s infringement of the ’776 Patent is, has been, and continues to be, willful,
`
`intentional, deliberate, and/or in conscious disregard of OsteoMed’s rights under the ’776 Patent.
`
`21
`
`
`
`Case: 1:20-cv-06821 Document #: 1 Filed: 11/17/20 Page 22 of 36 PageID #:22
`
`COUNT III
`
`(Infringement of the ’716 Patent)
`
`70.
`
`OsteoMed incorporates by reference and realleges each and every allegation of
`
`Paragraphs 1 through 69 as if set forth herein.
`
`71.
`
`OsteoMed owns all substantial rights, interest, and title in and to the ’716 Patent,
`
`including the sole and exclusive right to prosecute this action and enforce the ’716 Patent against
`
`infringers, and to collect damages for all relevant times.
`
`72.
`
`The ’716 Patent generally directed to “[a] system for securing bones together across
`
`a joint [that] includes a transfixation screw and a plate.” Ex. C, ’716 Patent at Abstract.
`
`73.
`
`Stryker has made, had made, imported, supplied, distributed, sold, and/or offered
`
`for sale the Anchorage CP plating systems in this District and elsewhere in the United States.
`
`74.
`
`As set forth below, Stryker directly infringes at least claim 1 of the ’716 Patent,
`
`either literally or under the doctrine of equivalents, by making, having made, importing, supplying,
`
`distributing, selling (directly or through intermediaries), and/or offering for sale, the Anchorage
`
`CP plating systems.
`
`75.
`
`For example, Stryker has infringed claim 1 of the ’716 Patent, which recites as
`
`follows:
`
`1. A system for securing two discrete bones together across a joint between
`the two bones, comprising:
`
`an elongate spine having:
`
`a first end comprising:
`
`at least one fixation point for attaching the first end to a first
`discrete bone on a first side of an intermediate joint; and
`
`a first inner surface configured to substantially conform with
`a geometry of the first discrete bone;
`
`22
`
`
`
`Case: 1:20-cv-06821 Document #: 1 Filed: 11/17/20 Page 23 of 36 PageID #:23
`
`a second end comprising:
`
`at least one fixation point for attaching the second end to a
`second discrete bone on a second side of the joint; and
`
`a second inner surface configured to substantially conform
`with a geometry of the second discrete bone; and
`
`a bridge portion disposed between the first end and the second end,
`at least a portion of said bridge portion having a depth greater than
`at least a portion of the depth of either the first end or the second
`end; and
`
`a transfixation screw hole disposed along the spine, the transfixation
`screw hole comprising an inner surface configured to direct the
`transfixation screw through the transfixation screw hole such that
`the transfixation screw extends the bridge portion at a trajectory
`configured to pass through a first position on the first discrete bone,
`a portion of the joint, and a second position on the second discrete
`bone; and
`
`a transfixation screw comprising a head configured to abut the inner surface
`of the transfixation screw hole and a shaft configured to contiguously extend
`through the first discrete bone, through the joint, and into the second
`discrete bone so as to absorb tensile load when the second discrete bone is
`loaded relative to the first discrete bone thereby transferring the tensile load
`from the second discrete bone, through the screw into said head and said
`bridge portion.
`
`76.
`
`The Anchorage CP plating system is “a system for securing two discrete bones
`
`together across a joint between the two bones” as required by claim 1 of the ’716 Patent:
`
`
`
`23
`
`
`
`Case: 1:20-cv-06821 Document #: 1 Filed: 11/17/20 Page 24 of 36 PageID #:24
`
`77.
`
`The Anchorage CP plating system has “an elongate spine” as required by claim 1
`
`of the ’716 Patent:
`
`Elongate spine
`
`78.
`
`The Anchorage CP plating system has “a first end comprising: at least one fixation
`
`point for attaching the first end to a first discrete bone on a first side of an intermediate joint; and
`
`a first inner surface configured to substantially conform with a geometry of the first discrete bone”
`
`
`
`as required by claim 1 of the ’716 Patent:
`
`1st end with
`fixation point
`
`First inner surface configured
`to substantially conform with a
`geometry of the first bone
`
`
`
`24
`
`
`
`Case: 1:20-cv-06821 Document #: 1 Filed: 11/17/20 Page 25 of 36 PageID #:25
`
`79.
`
`The Anchorage CP plating system has “a second end comprising: at least one
`
`fixation point for attaching the second end to a second discrete bone on a second side of the joint;
`
`and a second inner surface configured to substantially conform with a geometry of the second
`
`discrete bone” as required by claim 1 of the ’716 Patent:
`
`2nd end with
`fixation point
`
`Second inner surface configured to
`substantially conform with a
`geometry of the second bone
`
`
`
`80.
`
`The Anchorage CP plating system has “a bridge portion disposed between the first
`
`end and the second end, at least a portion of said bridge portion having a depth greater than at least
`
`a portion of the depth of either the first end or the second end” as required by claim 1 of the ’716
`
`Patent:
`
`25
`
`
`
`Case: 1:20-cv-06821 Document #: 1 Filed: 11/17/20 Page 26 of 36 PageID #:26
`
`1st end
`
`Bridge portion
`
`2nd end
`
`A greater depth than
`1st and 2nd ends
`
`
`
`81.
`
`The Anchorage CP plating system has “a transfixation screw hole disposed along
`
`the spine, the transfixation screw hole comprising an inner surface configured to direct the
`
`transfixation screw through the transfixation screw hole such that the transfixation screw extends
`
`the bridge portion at a trajectory configured to pass through a first position on the first discrete
`
`bone, a portion of the joint, and a second position on the second discrete bone” as required by
`
`claim 1 of the ’716 Patent:
`
`Transfixation screw hole trajectory
`extending through 1st bone to 2nd bone
`
`
`
`26
`
`
`
`Case: 1:20-cv-06821 Document #: 1 Filed: 11/17/20 Page 27 of 36 PageID #:27
`
`82.
`
`The Anchorage CP plating system has “a transfixation screw comprising a head
`
`configured to abut the inner surface of the transfixation screw hole and a shaft configured to
`
`contiguously extend through the first discrete bone, through the joint, and into the second discrete
`
`bone so as to absorb tensile load when the second discrete bone is loaded relative to the first
`
`discrete bone thereby transferring the tensile load from the second discrete bone, through the screw
`
`into said head and said bridge portion” as required by claim 1 of the ’716 Patent:
`
`
`
`83.
`
`Stryker’s infringement of the ’716 Patent has caused, and will continue to cause,
`
`OsteoMed to suffer substantial an
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