InterMetro Industries v. Enovate Medical

Case 3:02-at-06000 Document 1359 Filed 11/22/13 Page 1 of 28
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INTERMETRO INDUSTRIES CORPORATION, a Delaware corporation, Plaintiff, v. ENOVATE MEDICAL, LLC a Delaware limited liability company, Defendant.
COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL NOW COMES the Plaintiff, INTERMETRO INDUSTRIES
CORPORATION (InterMetro), by its attorneys HARNESS, DICKEY & PIERCE, PLC, and for its Complaint against ENOVATE MEDICAL, LLC (Enovate Medical), states as follows: NATURE OF THE ACTION 1. This is an action for patent infringement under 35 U.S.C. 271, 283,
284 and 285.
THE PARTIES 2. InterMetro is a Delaware corporation having a principal place of
business at 651 N. Washington St., Wilkes-Barre, PA 18705. 3. On information and belief, Enovate Medical is a Delaware limited
liability company having places of business at 7820 N. Lilly Road, Canton, MI 48187, and 1152 Park Avenue, Murfreesboro, TN 37129. 4. On information and belief, Enovate Medical was formed by the
merger of Stinger Medical, a manufacturer and provider of mobile clinical workstations based in Murfreesboro, Tennessee, and Enovate, a manufacturer and provider of mobile and wall-mounted point-of-care work station solutions based in Canton, Michigan. See http://www.enovatemedical.com/news-
StingerEnovatePR.html and http://stingerandenovate.com/. 5. mobile On information and belief, Enovate Medical is the largest provider of clinical workstations in the country. See and
http://www.enovatemedical.com/news-StingerEnovatePR.html http://stingerandenovate.com/. JURISDICTION AND VENUE 6.
This Court has subject matter jurisdiction over this matter pursuant to
28 U.S.C. 1331 and 1338(a).
7.
This Court has personal jurisdiction over Enovate Medical because
Enovate Medical has transacted business in Pennsylvania by offering for sale and selling computer carts in Pennsylvania, among other products, that InterMetro alleges infringe its patents. See Fed. R. Civ. P. 4(h) and 42 PA. CONS. STAT. 5322(a). 8. This Court also has personal jurisdiction over Enovate Medical because
Enovate Medical has in the past and continues to cause harm to InterMetro in Pennsylvania as a result of acts it has and continues to commit both inside and outside of Pennsylvania. See Fed. R. Civ. P. 4(h) and 42 PA. CONS. STAT. 5322(a). 9. Venue over Enovate Medical is proper in this judicial district under 28
U.S.C. 1391(d) and 1400(b). FACTUAL BACKGROUND 10. On December 10, 2002, the United States Patent and Trademark
Office (Patent Office) issued United States Patent No. 6,493,220 entitled Mobile Clinical Workstation (the 220 patent). A copy of the 220 patent is attached to this Complaint as Exhibit 1. 11. On December 20, 2002, EMS Technologies Inc. (EMS), a
predecessor-in-ownership to InterMetro of the point-of-care cart technology that is embodied in the 220 patent, issued a news release announcing the Patent Office had awarded the 220 patent. The release stated: This patent describes the essential features of the cart-based form factor in a workstation, which is equipped with a computer and power
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supply, and is connected wirelessly to a local area network by WiFi access points. [We] developed the technology for cart-based systems, which allow healthcare providers to realize the full benefits of clinical point-of-care applications as the way to improve patient safety with a device that is easy to use. The patent on the Mobile Clinical Workstation protects the flagship product of our Healthcare Solutions Group, which has established the industry-standard form factor and created a leading position in this growing market for wireless technology. See Exhibit 2. 12. Over the next decade, EMS and subsequent owners of the point-of-
care cart technology, including InterMetro, pursued additional patents on the subject matter through Patent Office continuation practice. 13. Their efforts resulted in the Patent Office awarding U.S. Patent Nos.
6,721,178 (the 178 patent); 7,009,840 (the 840 patent); 7,612,999 (the 999 patent); 7,791,866 (the 866 patent); 7,990,691 (the 691 patent); and 8,526,176 (the 176 patent). See Exhibits 3 and 5-9, respectively. 14. patent. 15. The next day, the Atlanta Business Chronicle published an article On February 10, 2003, EMS sued a competitor for infringing the 220
about the lawsuit. EMSs Director of its Healthcare Solutions Group was quoted in the article, putting competitors on notice that the patent rights would be enforced:
We are quite determined to enforce our patent rights, and to require other providers of point-of-care carts to either develop their own unique products, or pay reasonable compensation to EMS for the use of technology that we created. See Exhibit 10. 16. EMSs enforcement activities also included issuing press releases and
publishing product brochures with notice of its patents. 17. In addition, EMS marked its point-of-care carts with its patent
numbers; approached competitors at trade shows to inform them of its patents; and sent letters to competitors offering them an opportunity to license its patent rights. 18. EMSs actions resulted in multiple patent infringement lawsuits that
resolved on terms which included the infringers paying undisclosed amounts to license the patents, and acknowledging the validity and enforceability of the patents. See Exhibit 11. 19. In February 2005, Flo Healthcare Solutions, L.L.C. (Flo), a
successor-in-ownership to EMSs point-of-care-cart technology, including the related patents and patent applications, sent notice letters to competitors in the point-of-care-cart market, including Rioux Vision, Inc. (Rioux Vision) and Stinger, a predecessor to Enovate Medical, among others. See Exhibits 12 and 13. 20. The letters offered an opportunity to license both the 220 and 178
patents, they enclosed copies of the patents, and they pointed out that other competitors were licensed under the patents.
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21. patent. 22.
On October 26, 2006, Flo sued Rioux Vision for infringing the 178
On March 21, 2008, the Court granted Flo summary judgment that
Rioux Visions point-of-care carts infringed numerous claims of the 178 patent. 23. On December 8, 2008, Flo sued Omnicell, Inc. (Omnicell), for
infringing the 178 patent. 24. On September 30, 2009, Flo assigned InterMetro the entire right, title
and interest to the point-of-care cart technology, including the related patents and patent applications. 25. The written assignment expressly granted InterMetro the exclusive
right to seek and obtain all remedies available at law (including money damages) and in equity for any past, present and future infringement of the patent properties. 26. In September 2010, InterMetro settled the lawsuits against Rioux
Vision and Omnicell, which included granting them a license to the patents. 27. Three years before, on September 20, 2007, Rioux Vision filed a
Petition for Inter Partes Reexamination of the 178 patent with the Patent Office. 28. On February 15, 2013, the Patent Office issued a reexamination
certificate for the 178 patent that confirmed the patentability of claims 2-6, 18-22, 27-33, 39, 43, 44, as well as the patentability of newly added claims 45-130. A
copy of the Inter Partes Reexamination Certificate for the 178 patent is attached to this Complaint as Exhibit 4. 29. Since the 220 patent issued on December 10, 2002, InterMetro and
its predecessors-in-ownership have continuously marked their point-of-care carts with the 220 patent and related patents. 30. Competitors in the point-of-care-cart market have long been on notice
of InterMetros patents for the point-of-care-cart technology and its intent to enforce these patents. COUNT I INFRINGEMENT OF U.S. PATENT NO. 6,493,220 31. 32. InterMetro restates the allegations contained in paragraphs 1-30. On December 10, 2002, the Patent Office duly and lawfully issued the
220 patent. See Exhibit 2. 33. InterMetro owns the 220 patent, along with the right to bring suit and
recover damages for past, present and future infringement of the 220 patent. 34. Enovate Medical has in the past and/or currently is directly infringing
the claims of the 220 patent under 35 U.S.C. 271(a) by making, using, offering for sale and selling, without InterMetros authority, computer carts and medication carts that embody one or more of the 220 patent claims. 35. By way of example and not limitation, Enovate Medical has in the
past and/or currently is making, using, offering for sale and selling the Enovate
Medical Computer Cart and the Enovate Medical Medication Cart, each of which directly infringes at least claims 2 of the 220 patent, among other claims. See, e.g., Exhibits 14 - 17. 36. Enovate Medical has in the past and/or currently is inducing and
contributing to the direct infringement of the 220 patent claims in violation of 35 U.S.C. 271(b) and (c), by making, using, offering for sale and selling, without InterMetros authority, computer carts and medication carts with knowledge of the 220 patent and its claims; knowing that others, including customers and users of its computer carts and medication carts, will use the carts in an infringing manner; knowing that its computer carts and medication carts are a material part of the invention claimed in the 220 patent; knowing that its computer carts and medication carts are especially made or especially adapted for use in an infringement of the 220 patent; and knowing that its computer carts and medication carts are not staple articles or commodities of commerce that are suitable for substantial non-infringing use. 37. By way of example and not limitation, Enovate Medical has in the
past and/or currently is making, using, offering for sale and selling the Enovate Medical Computer Cart and the Enovate Medical Medication Cart that its customers use to directly infringe at least claims 2 of the 220 patent, among other claims. See, e.g., Exhibits 14 17.
38.
Enovate Medicals marketing materials extoll the benefits of its
computer carts and medication carts with a computing device and a display, and, among other things, instruct on the installation and set-up of the carts with a monitor and CPU, or a laptop computer. See Exhibits 14 - 17. 39. The benefits Enovate Medical touts in its marketing materials for its
computer carts and medication carts could not be realized without using a computing device and a display with the carts. 40. Enovate Medicals computer carts and medication carts have no
substantial non-infringing use. 41. In view of the facts alleged herein, Enovate has known of the 220
patent, or has been willfully blind to the 220 patents existence, since at least 2005. 42. deliberate. 43. Enovate Medicals infringing activities are directly and proximately Enovate Medicals infringing activities have been willful and
causing immediate and irreparable injury to InterMetro for which InterMetro has no adequate remedy at law. 44. Enovate Medical will continue its infringing activities unless enjoined
from doing so by the Court.
45.
Enovate Medicals infringing activities have and continue to directly
and proximately cause damages to InterMetro. COUNT II INFRINGEMENT OF U.S. PATENT NO. 6,721,178 46. 47. InterMetro restates the allegations contained in paragraphs 1-45. On April 13, 2004, the Patent Office duly and lawfully issued the 178
patent. See Exhibit 3. 48. On February 15, 2013, the Patent Office issued a reexamination
certificate for the 178 patent, confirming the patentability of claims 2-6, 18-22, 27-33, 39, 43 and 44, as well as the patentability of newly added claims 45-130. See Exhibit 4. 49. InterMetro owns the 178 patent, along with the right to bring suit and
past and/or currently is making, using, offering for sale and selling the Enovate Medical Computer Cart and the Enovate Medical Medication Cart, each of which
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directly infringes at least claim 2 of the 178 patent, among other claims. See, e.g., Exhibits 14 17. 52. By way of further example and not limitation, Enovate Medical has in
the past made, used, offered for sale and sold the Sydekick Medication Workstation that directly infringes at least claim 2 of the 178 patent, among other claims. See, e.g., Exhibit 19. 53. By way of further example and not limitation, Enovate Medical has in
the past made, used, offered for sale and sold the Levitator Medication Workstation that directly infringes at least claim 43 of the 178 patent, among other claims. See, e.g., Exhibit 20. 54. Enovate Medical has in the past and/or currently is inducing and
contributing to the direct infringement of the 178 patent claims in violation of 35 U.S.C. 271(b) and (c), by making, using, offering for sale and selling, without InterMetros authority, computer carts and medication carts with knowledge of the 178 patent and its claims; knowing that others, including customers and users of its computer carts and medication carts, will use the carts in an infringing manner; knowing that its computer carts and medication carts are a material part of the invention claimed in the 178 patent; knowing that its computer carts and medication carts are especially made or especially adapted for use in an infringement of the 178 patent; and knowing that its computer carts and
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medication carts are not staple articles or commodities of commerce that are suitable for substantial non-infringing use. 55. By way of example and not limitation, Enovate Medical has in the
past and/or currently is making, using, offering for sale and selling the Enovate Medical Computer Cart and the Enovate Medical Medication Cart that its customers use to directly infringe at least claim 2 of the 178 patent, among other claims. See, e.g., Exhibits 14 17. 56. By way of further example and not limitation, Enovate Medical has in
the past made, used, offered for sale and sold the Sydekick Medication Workstation that its customers use to directly infringe at least claim 2 of the 178 patent, among other claims. See, e.g., Exhibit 19. 57. By way of further example and not limitation, Enovate Medical has in
the past made, used, offered for sale and sold the Levitator Medication Workstation that its customers use to directly infringe at least claim 43 of the 178 patent, among other claims. See, e.g., Exhibit 20. 58. Enovate Medicals marketing materials extoll the benefits of its
computer carts and medication carts with a computing device and a display, and, among other things, instruct on the installation and set-up of the carts with a monitor and CPU, or a laptop computer. See, e.g., Exhibits 14 - 17.
12
59.
Other marketing materials inform customers that the computer carts
and medication carts Accommodate most computer configurations: AIO, thin clients, tablets, small form factors, and laptops. See, e.g., Exhibits 19 and 20. 60. The benefits Enovate Medical touts in its marketing materials for its
substantial non-infringing use. 62. In view of the facts alleged herein, Enovate Medical has known of the
178 patent, or has been willfully blind to the 178 patents existence, since at least 2005. 63. deliberate. 64. Enovate Medicals infringing activities are directly and proximately Enovate Medicals infringing activities have been willful and
from doing so by the Court. 66. Enovate Medicals infringing activities have and continue to directly
and proximately cause damages to InterMetro.
13
COUNT III INFRINGEMENT OF U.S. PATENT NO.7,612,999 67. 68. InterMetro restates the allegations contained in paragraphs 1-66. On November 3, 2009, the Patent Office duly and lawfully issued the
999 patent. See Exhibit 6. 69. InterMetro owns the 999 patent, along with all rights to bring suit and
past and/or currently is making, using, offering for sale and selling the Enovate Medical Computer Cart and the Enovate Medical Medication Cart, each of which directly infringes at least claims 1, 6, 8 and 15 of the 999 patent, among other claims. See, e.g., Exhibits 14 - 17. 72. Enovate Medical has in the past and/or currently is inducing and
contributing to the direct infringement of the 999 patent claims in violation of 35 U.S.C. 271(b) and (c), by making, using, offering for sale and selling, without InterMetros authority, computer carts and medication carts with knowledge of the 999 patent and its claims; knowing that others, including customers and users of
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its computer carts and medication carts, will use the carts in an infringing manner; knowing that its computer carts and medication carts are a material part of the invention claimed in the 999 patent; knowing that its computer carts and medication carts are especially made or especially adapted for use in an infringement of the 999 patent; and knowing that its computer carts and medication carts are not staple articles or commodities of commerce that are suitable for substantial non-infringing use. 73. By way of example and not limitation, Enovate Medical has in the
past and/or currently is making, using, offering for sale and selling the Enovate Medical Computer Cart and the Enovate Medical Medication Cart that its customers use to directly infringe at least claims 1, 6, 8 and 15 of the 999 patent, among other claims. See, e.g., Exhibits 14 - 17. 74. Enovate Medicals marketing materials extoll the benefits of its
computer carts and medication carts with a computing device and a display, and, among other things, instruct on the installation and set-up of the carts with a monitor and CPU, or a laptop computer. See, e.g., Exhibits 14 - 17. 75. The benefits Enovate Medical touts in its marketing materials for its
computer carts and medication carts could not be realized without using a computing device and a display with the carts.
15
76.
Enovate Medicals computer carts and medication carts have no
999 patent, or has been willfully blind to the 999 patents existence, since at least 2009. 78. deliberate. 79. Enovate Medicals infringing activities are directly and proximately Enovate Medicals infringing activities have been willful and
and proximately cause damages to InterMetro. COUNT IV INFRINGEMENT OF U.S. PATENT NO. 7,791,866 82. 83. InterMetro restates the allegations contained in paragraphs 1-81. On September 7, 2010, the Patent Office duly and lawfully issued the
recover damages for past, present and future infringement of the 866 patent.
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85.
Enovate Medical has in the past and/or currently is directly infringing
past and/or currently is making, using, offering for sale and selling the Enovate Medical Computer Cart and the Enovate Medical Medication Cart, each of which directly infringes at least claims 12, 13, 17, 18 and 21 of the 866 patent, among other claims. See, e.g., Exhibits 14 - 17. 87. Enovate Medical has in the past and/or currently is inducing and
contributing to the direct infringement of the 866 patent claims in violation of 35 U.S.C. 271(b) and (c), by making, using, offering for sale and selling, without InterMetros authority, computer carts and medication carts with knowledge of the 866 patent and its claims; knowing that others, including customers and users of its computer carts and medication carts, will use the carts in an infringing manner; knowing that its computer carts and medication carts are a material part of the invention claimed in the 866 patent; knowing that its computer carts and medication carts are especially made or especially adapted for use in an infringement of the 866 patent; and knowing that its computer carts and
17
medication carts are not staple articles or commodities of commerce that are suitable for substantial non-infringing use. 88. By way of example and not limitation, Enovate Medical has in the
past and/or currently is making, using, offering for sale and selling the Enovate Medical Computer Cart and the Enovate Medical Medication Cart which its customers use to directly infringe at least claims 12, 13, 17, 18 and 21 of the 866 patent, among other claims. See, e.g., Exhibits 14 - 17. 89. Enovate Medicals marketing materials extoll the benefits of its
computer carts and medication carts with a computing device and a display, and, among other things, instruct on the installation and set-up of the carts with a monitor and CPU, or a laptop computer. See Exhibits 14 - 17. 90. The benefits Enovate Medical touts in its marketing materials for its
866 patent, or has been willfully blind to the 866 patents existence, since at least 2010.
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93. deliberate. 94.
Enovate Medicals infringing activities have been willful and
Enovate Medicals infringing activities are directly and proximately
and proximately cause damages to InterMetro. COUNT V INFRINGEMENT OF U.S. PATENT NO. 7,990,691 97. 98. InterMetro restates the allegations contained in paragraphs 1-96. On August 2, 2011, the Patent Office duly and lawfully issued the
recover damages for past, present and future infringement of the 691 patent. 100. Enovate Medical has in the past and/or currently is directly infringing the claims of the 691 patent under 35 U.S.C. 271(a) by making, using, offering for sale and selling, without InterMetros authority, computer carts and medication carts that embody one or more of the 691 patent claims.
19
101. By way of example and not limitation, Enovate Medical has in the past and/or currently is making, using, offering for sale and selling the Enovate Medical Computer Cart and the Enovate Medical Medication Cart, each of which directly infringes at least claims 1, 2, 16, 25 and 33 of the 691 patent, among other claims. See, e.g., Exhibits 14 - 17. 102. By way of further example and not limitation, Enovate Medical has in the past and/or currently is making, using, offering for sale and selling the Enovate Medical Ultra Lite Cart that directly infringes at least claim 25 of the 691 patent. See, e.g., Exhibit 18. 103. By way of further example and not limitation, Enovate Medical has in the past made, used, offered for sale and sold the Sydekick Medication Workstation that directly infringes at least claims 1, 2 and 33 of the 691 patent, among other claims. See, e.g., Exhibit 19. 104. Enovate Medical has in the past and/or currently is inducing and contributing to the direct infringement of the 691 patent claims in violation of 35 U.S.C. 271(b) and (c), by making, using, offering for sale and selling, without InterMetros authority, computer carts and medication carts with knowledge of the 691 patent and its claims; knowing that others, including customers and users of its computer carts and medication carts, will use the carts in an infringing manner; knowing that its computer carts and medication carts are a material part of the
20
invention claimed in the 691 patent; knowing that its computer carts and medication carts are especially made or especially adapted for use in an infringement of the 691 patent; and knowing that its computer carts and medication carts are not staple articles or commodities of commerce that are suitable for substantial non-infringing uses. 105. By way of example and not limitation, Enovate Medical has in the past and/or currently is making, using, offering for sale and selling the Enovate Medical Computer Cart and the Enovate Medical Medication Cart which its customers use to directly infringe at least claims 1, 2, 16, 25 and 33 of the 691 patent, among other claims. 106. By way of further example and not limitation, Enovate Medical has in the past and/or currently is making, using, offering for sale and selling the Enovate Medical Ultra Lite Cart that its customers use to directly infringe at least claim 25 of the 691 patent. See, e.g., Exhibit 18. 107. By way of further example and not limitation, Enovate Medical has in the past made, used, offered for sale and sold the Sydekick Medication Workstation that its customers use to directly infringe at least claims 1, 2 and 33 of the 691 patent, among other claims. See, e.g., Exhibit 19. 108. Enovate Medicals marketing materials extoll the benefits of its computer carts and medication carts with a computing device and a display, and,
21
among other things, instruct on the installation and set-up of the carts with a monitor and CPU, or a laptop computer. See, e.g., Exhibits 14 - 18. 109. Other marketing materials inform customers that the computer carts and medication carts Accommodate most computer configurations: AIO, thin clients, tablets, small form factors, and laptops. See, e.g., Exhibit 19. 110. The benefits Enovate Medical touts in its marketing materials for its computer carts and medication carts could not be realized without using a computing device and display with the carts. 111. Enovate Medicals computer carts and medication carts have no substantial non-infringing use. 112. In view of the facts alleged herein, Enovate Medical has known of the 691 patent, or has been willfully blind to the 691 patents existence, since at least 2011. 113. Enovate Medicals infringing activities have been willful and deliberate. 114. Enovate Medicals infringing activities are directly and proximately causing immediate and irreparable injury to InterMetro for which InterMetro has no adequate remedy at law. 115. Enovate Medical will continue its infringing activities unless enjoined from doing so by the Court.
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116. Enovate Medicals infringing activities have and continue to directly and proximately cause damages to InterMetro. COUNT VI INFRINGEMENT OF U.S. PATENT NO. 8,526,176 117. InterMetro restates the allegations contained in paragraphs 1-116. 118. On September 3, 2013, the Patent Office duly and lawfully issued the 176 patent. See Exhibit 9. 119. InterMetro owns the 176 patent, along with all rights to bring suit and recover damages for past, present and future infringement of the 176 patent. 120. Enovate Medical has in the past and/or currently is directly infringing the claims of the 176 patent under 35 U.S.C. 271(a) by making, using, offering for sale and selling, without InterMetros authority, computer carts and medication carts that embody one or more of the 176 patent claims. 121. By way of example and not limitation, Enovate Medical has in the past and/or currently is making, using, offering for sale and selling the Enovate Medical Computer Cart and the Enovate Medical Medication Cart, each of which directly infringes at least claims 8, 9, 15 and 17 of the 176 patent, among other claims. See, e.g., Exhibits 14 - 17. 122. Enovate Medical has in the past and/or currently is inducing and contributing to the direct infringement of the 176 patent claims in violation of 35 U.S.C. 271(b) and (c), by making, using, offering for sale and selling, without
23
InterMetros authority, computer carts and medication carts with knowledge of the 176 patent and its claims; knowing that others, including customers and users of its computer carts and medication carts, will use the carts in an infringing manner; knowing that its computer carts and medication carts are a material part of the invention claimed in the 176 patent; knowing that its computer carts and medication carts are especially made or especially adapted for use in an infringement of the 176 patent; and knowing that its computer carts and medication carts are not staple articles or commodities of commerce that are suitable for substantial non-infringing use. 123. By way of example and not limitation, Enovate Medical has in the past and/or currently is making, using, offering for sale and selling the Enovate Medical Computer Cart and the Enovate Medical Medication Cart which its customers use to directly infringe at least claims 8, 9, 15 and 17 of the 176 patent, among other claims. See, e.g., Exhibits 14 - 17. 124. Enovate Medicals marketing materials extoll the benefits of its computer carts and medication carts with a computing device and a display, and, among other things, instruct on the installation and set-up of the carts with a monitor and CPU, or a laptop computer. See Exhibits 14 - 17.
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125. The benefits Enovate Medical touts in its marketing materials for its computer carts and medication carts could not be realized without using a computing device and a display with the carts. 126. Enovate Medicals computer carts and medication carts have no substantial non-infringing use. 127. In view of the facts alleged herein, Enovate Medical has known of the 176 patent, or has been willfully blind to the 176 patents existence, since at least 2013. 128. Enovate Medicals infringing activities have been willful and deliberate. 129. Enovate Medicals infringing activities are directly and proximately causing immediate and irreparable injury to InterMetro for which InterMetro has no adequate remedy at law. 130. Enovate Medical will continue its infringing activities unless enjoined from doing so by the Court. 131. Enovate Medicals infringing activities have and continue to directly and proximately cause damages to InterMetro. PRAYER FOR RELIEF WHEREFORE, InterMetro Industries Corporation prays that this Court:
25
A.
Enter judgment for InterMetro against Enovate Medical declaring that
it has willfully infringed U.S. Patent Nos. 6,493,220; 6,721,178; 7,612,999; 7,791,866; 7,990,691; and 8,526,176; B. Permanently enjoin and restrain Enovate Medical, its agents, servants,
employees, partners, attorneys, successors and assigns, and all those acting in concert with it from infringing, either directly, by inducement or contributorily , U.S. Patent Nos. 6,493,220; 6,721,178; 7,612,999; 7,791,866; 7,990,691; and 8,526,176; C. Enter an Order requiring Enovate Medical to file with this Court and to
serve upon InterMetro or InterMetros counsel, within thirty (30) days after the entry and service of any injunction issued, a report in writing and under oath setting forth in detail the manner and form in which it has complied with the injunction; D. Require Enovate Medical to post an appropriate bond and Order any
other appropriate relief to assure compliance with any injunctive provision or other provision Ordered by the Court; E. Enter an Order directing Enovate Medical and its agents, servants,
employees, partners, attorneys, successors and assigns, and all those acting in concert with it, to deliver to this Court or to InterMetro for destruction, or show proof of said destruction, of all infringing products; F. Order an equitable accounting to determine the profits of and other
sums Enovate Medical derived from the complained-of patent infringement and
26
other wrongful acts, and that such amount be paid over to InterMetro as an equitable remedy; G. Award to InterMetro all damages it has sustained as a result of the
Enovate Medicals patent infringement and order that said damages be trebled in accordance with 35 U.S.C. 284; H. Enter judgment declaring that this case is exceptional and that
InterMetro is entitled to recover its costs and reasonable attorneys fees incurred in this action, pursuant to 35 U.S.C. 285; and I. Enter judgment granting such other and further relief and damages to
InterMetro as justice and equity may require. JURY DEMAND InterMetro Industries Corporation hereby requests a trial by jury of all issues so triable. Respectfully submitted, DATED: November 22, 2013 By: s/ Dale M. Heist Dale M. Heist, PA23314 John Frank Murphy, PA206307 WOODCOCK WASHBURN LLP Cira Centre, 12th Floor 2929 Arch Street Philadelphia, PA 19104 (215) 568-3100 (215) 564-3439 (fax) dheist@woodcock.com jmurphy@woodcock.com intermetro@woodcock.com
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OF COUNSEL Glenn E. Forbis, PA263218, MIP52119 George D. Moustakas, MIP41631 Neal D. Sanborn, MIP75725 HARNESS, DICKEY & PIERCE, PLC 5445 Corporate Drive, Suite 400 Troy, Michigan 48098 (248) 641-1400 (248) 641-0270 (fax) gforbis@hdp.com gmoustakas@hdp.com nsanborn@hdp.com Attorneys for Plaintiff INTERMETRO INDUSTRIES CORPORATION
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Case 3:02-at-06000 Document 1359 Filed 11/22/13 Page 1 of 28

284 and 285.

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THE PARTIES 2. InterMetro is a Delaware corporation having a principal place of

http://www.enovatemedical.com/news-StingerEnovatePR.html http://stingerandenovate.com/. JURISDICTION AND VENUE 6.

28 U.S.C. 1331 and 1338(a).

Case 3:02-at-06000 Document 1359 Filed 11/22/13 Page 3 of 28

This Court has personal jurisdiction over Enovate Medical because

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Case 3:02-at-06000 Document 1359 Filed 11/22/13 Page 5 of 28

Case 3:02-at-06000 Document 1359 Filed 11/22/13 Page 6 of 28

21. patent. 22.

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Enovate Medicals marketing materials extoll the benefits of its

from doing so by the Court.

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Enovate Medicals infringing activities have and continue to directly

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Other marketing materials inform customers that the computer carts

and proximately cause damages to InterMetro.

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Enovate Medicals computer carts and medication carts have no

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Enovate Medical has in the past and/or currently is directly infringing

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93. deliberate. 94.

Enovate Medicals infringing activities have been willful and

Enovate Medicals infringing activities are directly and proximately

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Enter judgment for InterMetro against Enovate Medical declaring that

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