Case 4:21-cv-00614-SDJ Document 1 Filed 08/04/21 Page 1 of 7 PageID #: 1
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`INTELLIGENT AUTOMATION DESIGN, LLC
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` PLAINTIFF,
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`V.
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`OSTEOMED, L.P.,
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` DEFENDANT.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
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`§
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`CIVIL ACTION NO. 4:21-CV-614
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`JURY TRIAL DEMANDED
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`Plaintiff Intelligent Automation Design, LLC (“IAD” or “Plaintiff”), brings this action
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`against Defendant OsteoMed, L.P. (“OsteoMed” or “Defendant”) and through this Original
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`Complaint show the following:
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`I.
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`THE PARTIES
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`1.
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`Plaintiff, Intelligent Automation Design, LLC, is a Pennsylvania limited liability
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`company, having a place of business at 376 Twig Lane, Yardley, PA 19067.
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`2.
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`OsteoMed, L.P. is a Delaware limited partnership, having a principal place of
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`business at 3885 Arapaho Road, Addison, Texas 75001. OsteoMed may be served with process
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`through its registered agent, Corporation Service Company d/b/a CSC-Lawyers Incorporating
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`Service Company, at 211 E. 7th Street, Suite 620, Austin, TX 78701.
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`II.
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`JURISDICTION AND VENUE
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`3.
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`This action arises under the patent laws of the United States, Title 35, Section 1,
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`et. seq. of the United States Code. This Court has subject matter jurisdiction over this action
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`pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`PLAINTIFF’S ORIGINAL COMPLAINT
`U.S. District Court for the Eastern District of Texas – Sherman Division
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`Page 1 of 7
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`Case 4:21-cv-00614-SDJ Document 1 Filed 08/04/21 Page 2 of 7 PageID #: 2
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`4.
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`On information and belief, Defendant, either directly or through intermediaries,
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`makes, uses, sells or offers to sell products in this judicial district that infringe the ’683 patent,
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`identified below.
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`5.
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`Venue is proper in this district pursuant to 28 U.S.C. §§ 1391 and 1400(b).
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`OsteoMed has committed acts of infringement in this District.
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`III. FACTS
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`6.
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`Plaintiff, IAD, is the owner of the United States Patent No. 7,091,683 (“the ’683
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`patent”), titled “Method of Monitoring and Controlling the Seating of Screws to the Optimum
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`Point of Grip Independent of Screw Size and Material Density.” A true and correct copy of the
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`’683 patent, which was duly and legally issued by the United States Patent and Trademark Office
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`on August 15, 2006, is attached hereto as Exhibit A. Pursuant to 35 U.S.C. § 282, the ’683 patent
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`is presumed valid and enforceable.
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`7.
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`The ’683 Patent generally relates to a method and apparatus for monitoring and
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`controlling torque in order to set screws to the optimum point of grip. Specifically, the ’683
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`Patent is directed to a method of using a screwdriver to seat screws to the optimum point of grip
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`which is achieved by stopping the motor of the driver when a negative rate of change of torque is
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`realized. The speed of the driver’s motor is controlled directly by the controller. The amount of
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`electrical current flowing through the motor coils is proportional to the amount of torque the
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`motor is producing. As the current in the motor increases, the voltage across the resistor
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`increases. This is represented by 𝑉 = 𝐼 ∗ 𝑅, or Voltage = Current * Resistance. Hence, Current =
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`. By averaging torque readings, the controller smoothes the torque
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`𝑉 𝑅
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`Voltage/Resistance, or I =
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`fluctuations that occur due to inconsistencies in the material and screw. This in turn, eliminates
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`the possibility of a false reading of a negative rate of change stopping the motor when it is not
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`PLAINTIFF’S ORIGINAL COMPLAINT
`U.S. District Court for the Eastern District of Texas – Sherman Division
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`Page 2 of 7
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`Case 4:21-cv-00614-SDJ Document 1 Filed 08/04/21 Page 3 of 7 PageID #: 3
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`fully seated at the optimum point of grip. This method enables the screwdriver to operate
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`completely independent of the screw size, shape and material density, eliminating the need to
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`configure the tool.
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`DEFENDANT’S DIRECT AND INDIRECT INFRINGEMENT OF THE ’683 PATENT
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`8.
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`Defendant has, and continues to, directly and/or indirectly infringe Claims 1-8 of
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`the ’683 Patent, either literally or under the doctrine of equivalents. A representative claim of the
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`’683 Patent is set forth below:
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`Claim 1. A method of controlling a motor (106) used to drive a screwdriver bit (105)
`such that screws (107) are seated to the optimum point of grip between the screw (107)
`and the work piece material, the method comprising:
`(a) detecting a torque of the motor;
`(b) determining a time when the torque reaches a maximum by an average means for
`determining an average value as a function of a current value and a new value,
`thereby determining the optimum point of grip; and
`(c) stopping the motor at the optimum point of grip.
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`9.
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`Each and every limitation of Claims 1-8 of the ’683 Patent are present either
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`literally or under the doctrine of equivalents in at least Defendant’s Pinnacle Battery Powered
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`Driver. See Exhibits B (Pinnacle Battery Powered Driver Brochure); C (Pinnacle Battery
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`Powered Driver Product Information and Instructions for Use).
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`10.
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`The following chart identifies each limitation of Claim 1 of the ’683 Patent in
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`Defendant’s Pinnacle Battery Powered Driver.
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`Claim 1:
`A method of controlling a
`motor (106) used to drive a
`screwdriver bit (105) such that
`screws (107) are seated to the
`optimum point of grip between
`the screw (107) and the work
`piece material,
`the method
`comprising:
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`Location of Element
`“The Pinnacle Battery Powered Smart Driver features an
`ergonomic streamlined pencil grip and an optimized center of
`gravity for supreme control and comfort. OsteoMed’s
`torque-limiting software sets Pinnacle apart from the
`competition. Programmed based on an exhaustive screw
`characterization, the software senses when any OsteoMed
`screw is fully seated and stops to prevent stripping of the
`bone. With a top speed of 2,000 RPM, Pinnacle seats neuro
`screws in less than a second. This smart power driver is
`510(k) cleared.” See Exhibit B, Pinnacle Battery Powered
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`PLAINTIFF’S ORIGINAL COMPLAINT
`U.S. District Court for the Eastern District of Texas – Sherman Division
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`Page 3 of 7
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`Case 4:21-cv-00614-SDJ Document 1 Filed 08/04/21 Page 4 of 7 PageID #: 4
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`(a) detecting a torque of the
`motor;
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`(b) determining a time when
`the torque reaches a maximum
`by an average means
`for
`determining an average value
`as a function of a current value
`and a new value,
`thereby
`determining the optimum point
`of grip; and
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`(c) stopping the motor at the
`optimum point of grip.
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`Driver Brochure (emphasis added).
`Upon information and belief, Defendant’s Pinnacle Battery
`Powered Driver detects a torque of the motor.
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`“[The device] Senses torque to prevent over-torquing &
`stripping of screws.” See Exhibit D, Pinnacle Battery Powered
`Driver Product Submission to the FDA, at p. 7. (emphasis
`added).
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`Upon information and belief, Defendant’s Pinnacle Battery
`Powered Driver determines a time when the torque reaches a
`maximum by an average means for determining an average
`value as a function of a current value and a new value, thereby
`determining the optimum point of grip.
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`“The PINNACLE Driver contains torque limiting software to
`prevent over-torquing and stripping of screws in drive mode.”
`Id.
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`Upon information and belief, Defendant’s Pinnacle Battery
`Powered Driver stops the motor at the optimum point of grip.
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`“The Pinnacle Driver will rapidly insert the screw and the
`torque limiting software will halt motor operation when the
`screw is fully seated.” See Exhibit C at 9.
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`“The Pinnacle Battery Powered Smart Driver features an
`ergonomic streamlined pencil grip and an optimized center of
`gravity for supreme control and comfort. OsteoMed’s
`torque-limiting software sets Pinnacle apart from the
`competition. Programmed based on an exhaustive screw
`characterization, the software senses when any OsteoMed
`screw is fully seated and stops to prevent stripping of the
`bone. With a top speed of 2,000 RPM, Pinnacle seats neuro
`screws in less than a second. This smart power driver is
`510(k) cleared.” See Exhibit B, Pinnacle Battery Powered
`Driver Brochure (emphasis added).
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`11.
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`The above claim chart is in no way limiting to the amount of materials available
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`to show that each and every limitation of Claims 1-8 of the ’683 Patent is present in at least
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`Defendant’s Pinnacle Battery Powered Driver, either literally or under the doctrine of
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`PLAINTIFF’S ORIGINAL COMPLAINT
`U.S. District Court for the Eastern District of Texas – Sherman Division
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`Page 4 of 7
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`Case 4:21-cv-00614-SDJ Document 1 Filed 08/04/21 Page 5 of 7 PageID #: 5
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`equivalents. In addition, the above chart lacks any analysis or opinion on the material or
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`information from an expert. Plaintiff reserves the right to utilize additional material and
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`information, including expert opinions, in determining Plaintiff’s final infringement contentions.
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`IV. CAUSES OF ACTION
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`COUNT I – PATENT INFRINGEMENT
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`12.
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`Plaintiff re-alleges, as if fully set forth herein, each allegation contained in the
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`previous paragraphs.
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`13.
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`As specifically set forth in paragraphs 8-11 supra, Defendant has, and continues
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`to, directly infringe Claims 1-8 of the ’683 Patent by making, using, offering for sale and/or
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`selling within the United States, products and/or methods covered by the claimed inventions of
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`the ’683 patent. Specifically, Defendant has promoted, through website advertisement, its
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`Pinnacle Battery Powered Driver which is covered by one or more of the claims in the ’683
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`patent. A true and correct copy of the Defendant’s brochure located on its website advertisement
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`is attached hereto as Exhibit B. On information and belief, Defendant has been making, using,
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`selling, and offering for sale products based upon the same content detailed in the website
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`advertisement.
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`14.
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`In addition, or alternatively, Defendant has, and continues to, indirectly infringe
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`Claims 1-8 of the ’683 Patent by inducing or contributing to the manufacture, use, sale, or offer
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`for sale of the claimed inventions of the ’683 Patent by Defendant’s customers or potential
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`customers in Texas, or elsewhere, one or more of which have directly infringed the ’683 Patent.
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`Defendant’s customers purchased, operated, or sought for purchase the Pinnacle Battery
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`Powered Driver supplied by or offered by Defendant.
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`PLAINTIFF’S ORIGINAL COMPLAINT
`U.S. District Court for the Eastern District of Texas – Sherman Division
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`Page 5 of 7
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`Case 4:21-cv-00614-SDJ Document 1 Filed 08/04/21 Page 6 of 7 PageID #: 6
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`15.
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`On information and belief, Defendant’s Pinnacle Battery Powered Driver has no
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`substantial non-infringing use or was supplied or provided by Defendant with knowledge that the
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`same was made adapted, configured, used or to be used so as to infringe the ’683 Patent.
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`16.
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`Upon information and belief, Defendant’s infringing activities have been willful,
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`and this is an exceptional case.
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`17.
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`As a result of the willful and deliberate nature of Defendant’s infringing activities,
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`Plaintiff is entitled to enhanced damages and is entitled to recover attorneys’ fees and costs. 35
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`U.S.C. § 284-285.
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`V.
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`JURY DEMAND
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`18.
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`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff hereby
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`demands a jury trial on all issues and claims so triable.
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`VI. PRAYER FOR RELIEF
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`19. WHEREFORE, Plaintiff prays for judgment and seek the following relief:
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`a) judgment in Plaintiff’s favor that Defendant’s Pinnacle Battery Powered
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`Driver has infringed, and continues to infringe, the ’683 patent;
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`b) judgment and an order requiring Defendant to pay Plaintiff its past and
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`future damages, costs, expenses, pre-judgment interest, and post-judgment
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`interest for Defendant’s infringement of the ’683 patent, as provided under
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`35 U.S.C. § 284;
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`c) judgement and order that Defendant’s infringement has been willful under
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`35 U.S.C. § 284;
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`d) judgment and an order that this case is exceptional under 35 U.S.C. § 285
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`and requiring Defendant to pay Plaintiff’s reasonable attorneys’ fees; and
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`PLAINTIFF’S ORIGINAL COMPLAINT
`U.S. District Court for the Eastern District of Texas – Sherman Division
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`Page 6 of 7
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`e) for any such other and further relief as the Court may deem just and
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`proper.
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`DATED: August 4, 2020
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`RESPECTFULLY SUBMITTED,
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`/s/_John D. Holman
`Terry Joseph (Lead Attorney)
`TX Bar No. 11029500
`John D. Holman
`TX Bar No. 24082232
`MATTHEWS, LAWSON, MCCUTCHEON, &
`JOSEPH, PLLC
`2000 Bering Drive, Suite 700
`Houston, Texas 77057
`TEL: (713) 355-4200
`FAX: (713) 355-9689
`tjoseph@matthewsfirm.com
`jholman@matthewsfirm.com
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`COUNSEL FOR PLAINTIFF
`INTELLIGENT AUTOMATION DESIGN,
`LLC
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`PLAINTIFF’S ORIGINAL COMPLAINT
`U.S. District Court for the Eastern District of Texas – Sherman Division
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`Page 7 of 7
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