`Case 7:22-cv-03719 Document1 Filed 05/06/22 Page 1 of 17
`
`IN THE UNITED STATESDISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF NEW YORK
`
`MOLNLYCKE HEALTH CARE US,LLC,
`AND BROCKUSA, LLC
`
`Plaintiff,
`
`v.
`
`
`
`GREENWOOD MARKETING,LLC d/b/a
`RESTORATIVE MEDICALor SPRY
`THERAPEUTICS
`
`Defendants.
`
`[DEMANDFOR JURY TRIAL]
`
`Civil Action No. 7:22-cv-3719
`
`COMPLAINT
`
`Plaintiffs MéInlycke Health Care US, LLC (‘MHC’), and Brock USA, LLC (“Brock”),
`
`(collectively “Plaintiffs”) by and through their attorneys, bring this action against Defendants
`
`Greenwood Marketing LLC d/b/a Restorative Medical or Spry Therapeutics (collectively
`
`“Restorative Medical”or “Defendants”) alleging as follows:
`
`INTRODUCTION AND ALLEGATIONS COMMON TO ALL CLAIMS
`
`1.
`
`MHCis the USsubsidiary of Mélnlycke Health Care AB,a leading international
`
`medical solutions company headquartered in Gothenburg, Sweden. It manufactures andsells
`
`medical devices including, without limitation, wound care, single-use surgical, and pressure
`
`ulcer prevention (“PUP”) products to health care systems around the world.
`
`2.
`
`PUPproducts are generally used to prevent bedsores and other pressure ulcers
`
`from developing in immobilized patients, including byredistributing force over a greater
`
`surface area while maintaining proper body alignment throughthe use of the fluidized
`
`positioner products at issue in this matter. Pressure ulcers are specifically caused by prolonged
`
`
`
`Case 7:22-cv-03719 Document 1 Filed 05/06/22 Page 2 of 17
`Case 7:22-cv-03719 Document1 Filed 05/06/22 Page 2 of 17
`
`pressure on localized areas of bony prominenceresulting in tissue damage and necrosis. PUP
`
`products are an imperative preventative measure that hospitals and health systems across the
`
`United States use to (1) prevent the creation of pressure ulcers and the added cost associated
`
`with treatment, and (2) maintain high quality of care standards to ensure any federal and state
`
`subsidies that the hospital or health system mayreceive.
`
`3.
`
`In February 2016, MHCacquired several integrated businesses ownedbyBill
`
`and Bob Purdy(the “Purdys”), the current owners of Defendant Restorative Medical, including,
`
`inter alia, the associated intellectual property owned by the Purdys individually (“the
`
`Acquisition”). The Acquisition was governed by the Amended and Restated Acquisition
`
`Agreement(the “Agreement”) and related closing documents including identical Non-Compete
`
`Agreements executed by each of Bill Purdy and Bob Purdy in their individual capacities
`
`(collectively, the “Non-Compete”). The Disclosure Schedule to the Agreement outlines the
`
`intellectual property assets MHC acquired through the acquisition, which include amongother
`
`such assets, US Patent 9,120,666 (“666 Patent’).
`
`4.
`
`Simultaneously, MHC and Restorative Medical entered into an Exclusive
`
`License and Agreement(“License Agreement’). Attachment A. The License Agreement
`
`granted Restorative Medical an exclusivelicense to the ’666 Patent, but only within the “fields
`
`of use” defined in relevant part as “restorative bracing, orthopedic bracing and. . . to the extent
`
`solelyfor over the counterretail sale, pregnancy products, sleep apnea pillows, and neck and
`
`lumbarsupport products ....” Attachment A J 1.3 (emphasis added).
`
`5.
`
`In Fall of 2019, during mediation ofa different issue with the Purdys, MHC
`
`became awarethat the Purdys, in violation of the Non-Compete, had begun to develop,
`
`manufacture, market, and sell wound or infection prevention products through Defendant
`
`
`
`Case 7:22-cv-03719 Document 1 Filed 05/06/22 Page 3 of 17
`Case 7:22-cv-03719 Document1 Filed 05/06/22 Page 3 of 17
`
`Restorative Medical, including a fluidized heel boot covered by US Patent 8,858,478 (°°478
`
`Patent”), one of the patents transferred to MHC through the Acquisition and the ’666 Patent.
`
`MHCsubsequently brought a prior lawsuit in 2020 against the Purdys and Restorative Medical
`
`alleging, inter alia, willful patent infringementof the °478 Patent. The lawsuit later settled
`
`when Purdys and Restorative Medical agreed to redesign the infringing boot in December 2020
`
`and the parties agreed to terminate the Non-Compete.
`
`6.
`
`MHCandRestorative Medical simultaneously amended the License Agreement,
`
`reiterating that the “field of use” for Restorative Medical’s license of the ’666 Patent and now
`
`the °478 Patent is limited to “over-the-counterretail sale” for pregnancy products, sleep apnea
`
`pillows, and neck and lumbar supports. Attachment A J 1.3. In the amendments, Restorative
`
`Medical also warranted that it had ceased infringing upon both the ’666 and 478 Patents
`
`outside the permitted field of use.
`
`7.
`
`Also after the December 2020 settlement, MHC andthe Purdys were involved in
`
`a second lawsuit involving,inter alia, defamation claims and enforcementof the December
`
`2020 settlement agreement. This second lawsuit has since been resolved through settlement
`
`earlier this year.
`
`8.
`
`Thoughall patent-related disputes between the Purdys and Restorative Medical
`
`and MHCseemedresolved with the December 2020 settlement, MHC subsequently learned
`
`that the Purdys, through Restorative Medical, are developing, manufacturing, marketing, and
`
`selling yet another infringing product, the Flo-Form positioner, and potentially other fluidized
`
`positioners, which infringe both the ’666 Patent and US Patent 8,171,585 (585 Patent”).
`
`Restorative Medical advertises the Flo-Form positioner, and subsequently sells at least that
`
`product, to medical institutions directly for use in clinical settings. Restorative Medical
`
`
`
`Case 7:22-cv-03719 Document 1 Filed 05/06/22 Page 4 of 17
`Case 7:22-cv-03719 Document1 Filed 05/06/22 Page 4 of 17
`
`advertises and markets its Flo-Form product, and other positioners, on-line as well as directly to
`
`clinicians and purchasers. For example, MHC has seen Restorative Medical marketits Flo-
`
`Form positioners at clinical seminars such as the New England Region WOCN Conference in
`
`Manchester, NH. MHCacquired samplesofinfringing positioners, such as the Flo-Form
`
`positioner, from Restorative Medical at that medical convention, which is aimedat servicing
`
`commercial medical providers.
`
`9.
`
`MHCcurrently has an exclusive license to the °585 Patent, which is owned by
`
`Brock, within the medical positioning commercial field.
`
`PARTIES
`
`10.
`
`M6lnlycke Health Care US, LLC,is a limited liability company organized under
`
`the laws of the State of Delaware and doing businessin the state of New York under the same
`
`name. MHC’s principal place of business is 5550 Peachtree Parkway Suite 500,
`
`Norcross, Georgia 30092.
`
`11.
`
`Brock USA, LLC,is a limited liability company organized under the lawsof the
`
`State of Colorado and doing businessin the state of Colorado under the same name. Brock’s
`
`principal place of business is 3090 Sterling Circle, Suite 102, Boulder, Colorado 80301.
`
`12.
`
`On information and belief, Greenwood Marketing, LLC d/b/a Restorative
`
`Medical or Spry Therapeutics is a limited liability company organized under the laws of the
`
`state of New York and registered to do business in the Commonwealth of Kentucky.
`
`According to the Secretary of State for New York, Restorative Medical’s principal place of
`
`businessis 79 Primrose Street, White Plains, NY 10606.
`
`JURISDICTION AND VENUE
`
`13.
`
`This is an action for patent infringementarising under the patent laws ofthe
`
`
`
`Case 7:22-cv-03719 Document 1 Filed 05/06/22 Page 5 of 17
`Case 7:22-cv-03719 Document1 Filed 05/06/22 Page 5 of 17
`
`United States, 35 U.S.C. § 1, et seg. The Court has subject matter jurisdiction regarding claims
`
`of willful patent infringementpursuant to 35 U.S.C. §§ 1331 and 1338(a).
`
`14.
`
`The Court has personal jurisdiction over Restorative Medical becauseit has
`
`sufficient minimum contacts stemming from its regular and established place of business within
`
`this judicial district, and because Restorative Medical has committed acts of infringement in
`
`this district through the sale, distribution, marketing/promotion, and education of the products
`
`discussed herein, and through the subsequentuse in an infringing manner.
`
`15.|Venueis proper pursuant to 28 U.S.C. §§ 1391(b) and (c) and 1400(b).
`
`Defendants have committed, induced, and/or contributed to the acts alleged herein in this
`
`district and these claimsarise from those acts. Defendants have regularly engaged in business
`
`in this district, at a minimum throughthe presenceofits regular and established place of
`
`business in White Plains, New York. Further, Defendants have purposefully availed
`
`themselves of the privilege of conducting businessin thisdistrict, for example, by at least
`
`offering, selling, promoting, and/or marketing products in this district that infringe the patent
`
`described herein. Moreover, MHC seeks immediate and permanentinjunctiverelief to prevent
`
`the Defendants from continuing to injure and damage MHC.
`
`THE °666 PATENT
`
`16.
`
`On September 1, 2015, the United Stated Patent Office issued the ’666 Patent,
`
`entitled METHOD AND SYSTEM OF CHANGING FLOW CHARACTERISTICS OF A
`
`SUPPORT. See, Attachment B.
`
`17.
`
`MHC acquiredall rights, title, and interest in the ’666 Patent, including the right
`
`to sue, enforce, and recover damagesforall infringements. Restorative Medical has a license
`
`of the °666 Patent, limited to over-the-counter sales only.
`
`
`
`Case 7:22-cv-03719 Document 1 Filed 05/06/22 Page 6 of 17
`Case 7:22-cv-03719 Document1 Filed 05/06/22 Page 6 of 17
`
`The ’666 Patent has not expired andis in full force and effect.
`
`Pursuant to 35 U.S.C. § 282, the 666 Patent and each ofits claims are valid and
`
`18.
`
`19.
`
`enforceable.
`
`20.
`
`The ’666 Patent contains claims, for example claims 1—23, directed to a method
`
`for determining a flow characteristic of a support comprising the steps of: (a) providing a
`
`support comprising a bladder includinga fluidized particulate material includinginterstitial
`
`spaces betweenparticles of the fluidized particulate material filled with a gas; (2) evacuating
`
`the gas by vacuum to a predetermined pressure; and (3) sealing the bladder such that the
`
`predetermined pressure is maintained permanently within the support to achieve a
`
`predetermined permanent flow characteristic within the support.
`
`THE °585 PATENT
`
`21.
`
`On May 8, 2012, the United Stated Patent Office issued the ’585 Patent, entitled
`
`LIGHTWEIGHTFLUID. See, Attachment C.
`
`22.
`
`Brock ownsall rights, title, and interest in and to the ’585 Patent, including the
`
`right to sue, enforce, and recover damagesforall infringements.
`
`23.
`
`On June 7, 2012, Brock entered into a Patent and Know-HowLicense
`
`Agreement with Greenwood Marketing, LLC under which Brock granted Greenwood
`
`Marketing, LLC an exclusive license in the medical positioning commercialfield of the ’585
`
`Patent.
`
`24.
`
`On February 10, 2016, Brock, Greenwood Marketing, LLC and MHCentered
`
`into an amendmentto the Patent and Know-How License Agreement under which Greenwood
`
`Marketing, LLC’s rights and obligations under the Patent and Know-How License Agreement,
`
`including the exclusive license in the medical positioning commercialfield of the 585 Patent,
`
`
`
`Case 7:22-cv-03719 Document 1 Filed 05/06/22 Page 7 of 17
`Case 7:22-cv-03719 Document1 Filed 05/06/22 Page 7 of 17
`
`were assigned and transferred to MHC.
`
`The ’585 Patent has not expired and is in full force and effect.
`
`Pursuant to 35 U.S.C. § 282, the ’585 Patent and each ofits claims are valid and
`
`25.
`
`26.
`
`enforceable.
`
`27.
`
`The *585 Patent contains claims, for example, claim 3, directed to a fluid pad
`
`comprising a bladder, closed-cell foam beads, and a surroundingfluid, where the closed-cell
`
`foam beads and the surrounding fluid comprise a composite fluid, the closed-cell foam beads
`
`are substantially imperviousto the surrounding fluid, the closed-cell foam beads are
`
`exceedingly flooded by the surrounding fluid such thatinterstitial spaces between the closed-
`
`cell foam beadsare filled with the surrounding fluid, and the bladder houses the composite
`
`fluid within the interior of the bladder.
`
`RESTORATIVE MEDICAL’S SPRY POSITIONERS
`
`28.
`
`On information and belief, approximately a year ago, Restorative Medical began
`
`advertising, marketing, and selling the “Flo-Form”fluidized positioner and potentially other
`
`fluidized positioners not for over-the-counter sale that also maintain a predetermined, sub-
`
`atmospheric pressure within its bladder so as to achieve a predetermined permanent flow
`
`characteristic or comprise of small and large closed-cell foam beads(collectively, the “Spry
`
`positioners”).
`
`
`
`Case 7:22-cv-03719 Document 1 Filed 05/06/22 Page 8 of 17
`Case 7:22-cv-03719 Document1 Filed 05/06/22 Page 8 of 17
`
`29.|MHCdiscovered a promotionalvideo of various Spry positioners,
`
`demonstrating the fluidized nature of the positioners.
`
`ites, Spry Therapeutics
`“aan »
`.
`; -. ® ~
`
`+ Follow °*:
`
`In addition to our filtered PPE pillow, Spry is excited to announcethat we are now
`offering healthcarefacilities a range of fluidized positioners, as well as turning and
`positioning devices — all of which improve patient and caregiver safety.
`
`To read our full announcementand learn more about our expanded productline,
`visit our website or check out the video below.
`
`#medicaldevice #patientpositioner #nicu #caregiversafety #patientsafety
`#infectioncontrol #medicalpositioner #fluidizedpositioner #hospitalequipment
`#patientproning
`
`en. ee 9
`
`Figure 1. A still from the Linked-In video showing the Flo-Form positioner (captured
`April 8, 2022)
`
`30.
`
`On April 2, 2021, MHCthen sent an infringementnotice letter to Restorative
`
`Medical, explaining that the Flo-Form positioner “must maintain a negative pressure to the
`
`
`
`Case 7:22-cv-03719 Document 1 Filed 05/06/22 Page 9 of 17
`Case 7:22-cv-03719 Document1 Filed 05/06/22 Page 9 of 17
`
`surrounding atmosphere,” as claimed in the ’666 Patent, in order for the positioner to be
`
`moldable as demonstrated in the promotional video. Restorative Medical responded denyingit
`
`used sub-atmospheric pressure to create its positioners.
`
`31.
`
`On information and belief, the Spry positioners use the manufacturing method as
`
`claimed by claim 1 of the ’666 Patent to achieveits fluidized, moldable state. Based on
`
`experience and investigation of the Spry positioners, the products are able to retain their shape
`
`and possess physical characteristics which are obtained only by subjecting the positioners to
`
`negative, or sub-atmospheric pressure during manufacture. The official marketing pamphlet
`
`for the Flo-Form positioner further confirms the products retain their shape and are fluidized.
`
`Flo-Form™Positioner
`
`Instructions for Use
`
`: =ORY,
`
`THERAPEUTICS
`
`Indication for Use:
`
`Spry's Flo-Form™ Positioner easily contours to the patient's body and_maintains its shape
`until remolded. In doing so, Flo-Form™ redistributes and offloads bony prominencesin
`key areas for improved patient outcomes.
`
`Product Features:
`
`
`
`.
`;
`.
`;
`¢ Flo-Form™is a non-poweredfluidized medium, designed
`to maximize contouring and support
`
`¢ The Flo-Form™Positioner will not flow on its own,butit
`effectively contours when normal bodyforces are applied
`(regardless of the direction of the force)
`
`e Redistributes pressure over a greater surface area
`
`e Effectively positions patients and promotes neutral spine
`and limb alignment
`
`Figure 2. Restorative Medical’s instructions for the Flo-Form positioner (captured and
`downloaded April 8, 2022)
`
`32.
`
`Analysis confirmsthat a positioner able to retain its shape cannot be achieved to
`
`
`
`Case 7:22-cv-03719 Document 1 Filed 05/06/22 Page 10 of 17
`Case 7:22-cv-03719 Document1 Filed 05/06/22 Page 10 of 17
`
`similar degree of success and effectiveness as that of MHC’s positioners unless a sub-
`
`atmospheric pressure is maintainedinside the positioner, as claimed by claim 1 of the ’666
`
`Patent. Comparing the characteristics of the Flo-Form positioner and MHC’s positioner as
`
`manufactured and sold, and then attempting to recreate a positioner with those same or
`
`comparable characteristics without creating a sub-atmospheric pressure with a vacuum during
`
`the manufacturing process confirmsthis. As the figures below show,a positioner with
`
`comparable characteristics could not be created without a vacuum:
`
`
`
`Figure 3. MHC’s positioner after the pinch test showing a tight, snug fit around the inner beads
`
`-10-
`
`
`
`Case 7:22-cv-03719 Document 1 Filed 05/06/22 Page 11 of 17
`Case 7:22-cv-03719 Document1 Filed 05/06/22 Page 11 of 17
`
`it?
`7iy iM
`bs
`a)
`:
`
`Sao)
`PLAS
`
`YE"2
`beads
`
`Figure 4. Flo-Form positionerafter the pinch test showing a tight, snug fit around the inner
`
`Figure 5. Positioner created without vacuum after the pinch test showing a looser, non-snugfit
`over the inner beads
`
`-ll-
`
`
`
`Case 7:22-cv-03719 Document 1 Filed 05/06/22 Page 12 of 17
`Case 7:22-cv-03719 Document1 Filed 05/06/22 Page 12 of 17
`
`33.
`
`In Novemberof 2021, Restorative Medical attended a wound-care conference
`
`for medical practitioners in New Hampshire whereit provided samples of its Spry positioner
`
`products. At this conference, representatives of MHC obtained a sample. On information and
`
`belief, one or more of the Spry positioners comprises foam beads, including closed-cell foam
`
`beads as required by claim 3 of the ’585 patent, as shownin the figure below.
`
` ;
`
`:
`id
`7
`a
`a _, ,
`,;
`Figure 6. Expanded view of the Flo-Form positioner showing the outlines of closed-cell foam
`beads within
`
`34.
`
`Furthermore, Fourier Transform Infrared (“FTIR”) spectroscopy tests show that
`
`the foam beads are composed of Poly(ethylene). Based on experience and industry knowledge,
`
`the beads are therefore closed-cell foam beads, as clatmed by claim 3 of the ’585 Patent.
`
`35.
`
`On information andbelief, Restorative Medical continues to manufacture,
`
`advertise, market, and sell the Spry positioners.
`
`-12-
`
`
`
`Case 7:22-cv-03719 Document 1 Filed 05/06/22 Page 13 of 17
`Case 7:22-cv-03719 Document1 Filed 05/06/22 Page 13 of 17
`
`COUNT I: WILLFUL INFRINGEMENTOF THE ‘666 PATENT
`
`(brought by Plaintiff MéInlycke Health Care US, LLC)
`
`36.|MHCincorporate by reference the averments of paragraphs 1-35 ofthis
`
`Complaint as though fully set forth herein.
`
`37.
`
`Restorative Medical hasa limited exclusive license for the °666 Patent within
`
`the field of use as defined in the amended License Agreement: over-the-countersales.
`
`38.
`
`Restorative Medical, without license or authorization to do so, infringes the ’666
`
`Patent by manufacturing,selling, distributing, or otherwise making available the Flo-Form
`
`positioner and, on information andbelief, other Spry positioners.
`
`39.
`
`The Flo-Form positioner, for example, appears to be manufactured using a
`
`method comprising of the following steps: (1) providing a support comprising a bladder
`
`including fluidized particulate material with interstitial spaces filled with a gas; (2) evacuating
`
`the gas by vacuum to a predetermined pressure; and (3) sealing the bladder such that the
`
`predetermined pressure is maintained permanently within the support to achieve a
`
`predetermined permanent flow characteristic within the bladder, as claimed in claim 1 of the
`
`666 Patent.
`
`40.
`
`Atall times relevant to this cause of action, Restorative Medical has known of
`
`its infringement of the ’666 Patentor at the very least has been willfully blind toits
`
`infringementof the ’666 Patent. The Purdysare listed as the inventors on the 666 Patent and
`
`Defendant knowingly infringe on the patent through Restorative Medical’s manufacturing,
`
`selling, distributing, or otherwise making available the Flo-Form positioner and other
`
`infringing Spry positioners. Through their assignment to MHC, Defendant cannot challenge
`
`the validity of the ’666 Patent.
`
`-13-
`
`
`
`Case 7:22-cv-03719 Document 1 Filed 05/06/22 Page 14 of 17
`Case 7:22-cv-03719 Document1 Filed 05/06/22 Page 14 of 17
`
`41.
`
`Because Restorative Medical knowsandat all times relevant has knownof its
`
`infringementof the 666 Patent or at the very least has been willfully blind to its infringement
`
`of the ’666 Patent, its infringementis deliberate and willful.
`
`42.|MHC hasbeenandcontinues to be damagedandirreparably harmed by
`
`Restorative Medical’s infringementof the ’666 Patent.
`
`43.|Such infringementhas been,and will continueto be, willful and upon further
`
`belief Restorative Medical lacks any reasonable non-infringement defenses making this case
`
`exceptional and entitling MHCto increased damages and reasonable attorneys’ fees pursuant to
`
`34 US.C. §§ 284 and 285.
`
`COUNT HI: WILLFUL INFRINGEMENT OF THE‘585 PATENT
`
`(brought by Plaintiffs Brock USA, LLC and M6Inlycke Health Care US, LLC)
`
`44.
`
`Plaintiffs incorporate by reference the averments of paragraphs 1—43 ofthis
`
`Complaint as though fully set forth herein.
`
`45.
`
`Restorative Medical, without license or authorization to do so, infringes the ’585
`
`Patent by manufacturing,selling, distributing, or otherwise making available the Flo-Form
`
`positioner and, on information andbelief, other Spry positioners.
`
`46.
`
`The Flo-Form positioner is comprised a fluid pad with a bladder that houses a
`
`composite fluid comprising small closed-cell foam beads and a surroundingfluid, where the
`
`closed-cell foam beads are substantially impervious to the surrounding fluid and are
`
`exceedingly flooded by the surrounding fluid such that interstitial spaces between the closed-
`
`cell foam beadsare filled with the surroundingfluid, as claimed in claim 3.
`
`47.
`
`Restorative Medical has knownofits infringementof the 585 Patent or at the
`
`very least has been willfully blind to its infringement of the 585 Patent, at least as of the date
`
`_14-
`
`
`
`Case 7:22-cv-03719 Document 1 Filed 05/06/22 Page 15 of 17
`Case 7:22-cv-03719 Document1 Filed 05/06/22 Page 15 of 17
`
`of filing of this Complaint. Restorative Medical has knownof the ’585 Patent since at least
`
`June 2012 when Restorative Medical took a license to the Brock ’585 Patent, which was
`
`subsequently transferred from Restorative Medical to MHC.
`
`48.
`
`Because Restorative Medical knowsofits infringement of the 585 Patent or at
`
`the very least has been willfully blind to its infringementof the ’585 Patent at least as of the
`
`date of filing of this Complaint if not since 2012, its continuing infringementis deliberate and
`
`willful.
`
`49.
`
`Plaintiffs have been and continues to be damaged andirreparably harmed by
`
`Restorative Medical’s infringement of the ’585 Patent.
`
`50.
`
`Such infringementhas been, and will continueto be, willful and upon further
`
`belief Restorative Medical lacks any reasonable non-infringement defenses makingthis case
`
`exceptional and entitling Plaintiffs to increased damages and reasonable attorneys’ fees
`
`pursuant to 34 U.S.C. §§ 284 and 285.
`
`PRAYER FOR RELIEF
`
`WHEREFORE,Plaintiffs request the followingrelief:
`
`A.
`
`JUDGMENTunder 35 U.S.C § 271 that Restorative Medical willfully infringes
`
`MHC’s ’666 and Brock’s 585 Patents referenced and detailed above;
`
`B.
`
`DAMAGESunder35 U.S.C § 284 adequate to compensate Plaintiffs for
`
`Restorative Medical’s willful infringement and continued infringement of MHC’s ’666 and
`
`Brock’s ’585 Patents referenced and detailed above;
`
`C.
`
`TREBLINGor other enhancement of the DAMAGESpursuantto 35 U.S.C. §
`
`284 as a result of Restorative Medical’s willful and deliberate acts of infringement;
`
`D.
`
`AWARD pursuant to 35 U.SC. § 284 of costs and pre- and post-judgment
`
`-15-
`
`
`
`Case 7:22-cv-03719 Document 1 Filed 05/06/22 Page 16 of 17
`Case 7:22-cv-03719 Document1 Filed 05/06/22 Page 16 of 17
`
`interest on MHC’s compensatory damages;
`
`E.
`
`AWARD pursuant to 35 U.S.C § 285 of MHC’s attorneys’ fees incurred in this
`
`action;
`
`F,
`
`G.
`
`INJUNCTIVERELIEFenjoining Defendant’s patent infringement;
`
`ALL OTHER RELIEFthe Court deems warranted and appropriate.
`
`DEMANDFOR JURY TRIAL
`
`Plaintiff MéInlycke Health Care US LLC hereby demandsa trial by jury onall issues so
`
`triable of right.
`
`DATED: May6, 2022
`
`Respectfully submitted,
`
`KILPATRICK TOWNSEND & STOCKTON LLP
`
`By:
`
`/s/Frederick L. Whitmer
`Frederick L. Whitmer (FW8888)
`fwhitmer@kilpatricktownsend.com
`The Grace Building
`1114 Avenue ofthe Americas
`New York, New York 10036
`Telephone: (212) 775-8773
`Facsimile: (212) 775-8821
`
`-16-
`
`
`
`Case 7:22-cv-03719 Document 1 Filed 05/06/22 Page 17 of 17
`Case 7:22-cv-03719 Document1 Filed 05/06/22 Page 17 of 17
`
`STEVEN D. MOORE
`smoore@kilpatricktownsend.com
`(pro hac vice application to befiled)
`RISHI GUPTA
`rgupta@kilpatricktownsend.com
`(pro hac vice application to befiled)
`SARAH GLENDON
`sglendon@kilpatricktownsend.com
`(pro hac vice application to befiled)
`Two Embarcadero Center, Suite 1900
`San Francisco, CA 94111
`Telephone: 415 576 0200
`Facsimile:
`415 576 0300
`KILPATRICK TOWNSEND &
`STOCKTON,LLP
`
`D. CLAY HOLLOWAY
`cholloway@kilpatricktownsend.com
`(pro hac vice application to befiled)
`ANDREW N. SAUL
`asaul@kilpatricktownsend.com
`(pro hac vice application to befiled)
`Suite 2800, 1100 Peachtree Street NE
`Atlanta, GA, 30309-4528
`(404) 815-6537
`KILPATRICK TOWNSEND &
`STOCKTON,LLP
`
`Attorneys for PLAINTIFF
`MOLNLYCKE HEALTH CARE US, LLC
`
`DAVID J. SHEIKH
`dsheikh@leesheikh.com
`(pro hac vice application to befiled)
`111 W. Jackson Boulevard, Suite 2230
`Chicago, IL 60604
`(312) 982-0070
`LEE SHEIKH & HAAN LLC
`
`Attorney for PLAINTIFF
`BROCK USA LLC
`
`75861157V.1
`
`-17-
`
`