IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE

JERNBERG DENTAL LLC,
Plaintiff,
v.

C.A. No. ______

INTEGRA LIFESCIENCES HOLDINGS

CORPORATION AND KEYSTONE DENTAL,
INC.,

JURY TRIAL DEMANDED

Defendants.

PLAINTIFF JERNBERG DENTAL LLCS COMPLAINT

FOR PATENT INFRINGEMENT
Plaintiff Jernberg Dental LLC (Jernberg), on personal knowledge as to its own acts and
upon information and belief formed after reasonable inquiry as to the acts of others, hereby files
this Complaint for Patent Infringement against Integra LifeSciences Corporation and Keystone
Dental, Inc. (collectively Defendants) and alleges as follows:
NATURE OF THE ACTION
1.

This is an action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. 271, et seq. to enjoin and obtain damages resulting from Defendants
unauthorized manufacture, use, sale, offer to sell, and/or importation into the United States for
subsequent use or sale of products, methods, processes, services, and/or systems that infringe one
or more claims of United States Patent Nos. 6,123,957 (the 957 patent), entitled Delivery of
Agents and Methods for Regeneration of Periodontal Tissues. Jernberg seeks injunctive relief
to prevent Defendants from continuing to infringe the 957 patent. In addition, Jernberg seeks
monetary damages resulting from Defendants past infringement of these patents.
2.

This action for patent infringement involves Defendants manufacture, use, sale,

offer for sale, and/or importation into the United States of products, methods, processes, services,

and/or systems for treating periodontal disease and related disorders to regenerate lost tissues
using certain tissue regeneration agents and cellular recognition agents, which infringe the 957
patent.
PARTIES
3.

Plaintiff Jernberg is a limited liability company organized under the laws of the

state of Texas, with an office at 4601 Willard Avenue, Chevy Chase, Maryland.
4.

Plaintiff Jernberg is the lawful assignee of all right, title, and interest in and to the

957 patent.
5.

On information and belief, Defendant Integra LifeSciences Holdings Corporation

(Integra) is a Delaware corporation with a principal place of business at 311 Enterprise Drive,
Plainsboro, New Jersey 08536. Integra may be served with process through its registered agent,
the Corporation Services Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware
19808.
6.

On information and belief, Defendant Keystone Dental, Inc. (Keystone) is a

Massachusetts corporation with a principal place of business at 144 Middlesex Turnpike

Burlington, Massachusetts 01803. Keystone may be served with process pursuant to the
Delaware long arm statute, 10 Del. C. 3104.
7.

On information and belief, Integra, in conjunction with its licensee Keystone, is

involved in the design, manufacture, use, sale, offer for sale, importation and/or distribution of a
wide-range of biomedial technology products in the United States and within this District,
including the periodontal regenerative products accused of infringement herein. Defendants ship
infringing products directly and/or indirectly into this District and provide support for such
products within this District. By distributing into, selling, offering to sell, and/or using products

that infringe the 957 patent in this District, or by inducing or causing those acts to occur,
Defendants have transacted and continue to transact business and perform work and services in
this District, have supplied and continue to supply services and things in this District, have
caused and continue to cause injury and damages in this District by acts and omissions in this
District, and have caused and continue to cause injury and damages in this District by acts or
omissions outside of this District while deriving substantial revenue from services or things used
or consumed within this District, and will continue to do so unless enjoined by this Court.
JOINDER
8.

Joinder is proper under 35 U.S.C. 299. On information and belief, the

allegations of infringement contained herein arise, at least in part, out of the same series of
occurrences relating to the distributing, selling, offering to sell, and/or using products, including
the periodontal regenerative products accused of infringement herein. There is, therefore,
substantial evidentiary overlap in the facts giving rise to the causes of action against both
Defendants.
JURISDICTION AND VENUE
9.

This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

1331 and 1338(a) because the action concerns infringement of a United States Patent.
10.

This Court has personal jurisdiction over Defendants at least by virtue of

Defendants having conducted business in this District and/or having committed one or more acts
of infringement in this District.
11.

Venue is proper under 28 U.S.C. 1391 and 1400.

FACTUAL BACKGROUND

12.

Dr. Gary R. Jernberg is a pioneer in the development of biomedical technologies

in the dental field and the named inventor on nine issued United States patents. His technologies

have been widely adopted in the dental industry, including his patented treatment for
periodontitis that became the widely successful flagship product of licensee OraPharma known
as Arestin. Dr. Jernbergs innovations are protected by a valuable portfolio of patents, including
the 957 patent, which is owned by Jernberg Dental LLC. In light of these facts, Jernberg cannot
permit continued infringement of its patents by unlicensed market participants and must, if
necessary, vigorously protect its patent rights through appropriate procedures.
13.

The 957 patent is generally directed to a method of regenerating tissues by

combining at least one tissue regenerative agent with at least one cellular recognition agent to
form a composition for treatment.
14.

Defendants are leading suppliers of biomedical products (including periodontal

tissue regenerating products) that have enjoyed success in the market by practicing the 957
patents invention.
15.

Defendants market, make, use, sell, offer for sale, and/or import into the United

States products and services that directly infringe, contributorily infringe, and/or induce others to
infringe, or are used to practice processes that infringe, one or more claims of the 957 patent.
Generally, Defendants infringing products include a composition of a natural bone
morphogenetic proteins (BMPs) and growth factors with demineralized bone matrix (DBM).
16.

On information and belief, at a minimum, Defendants Accell Connexus and

Accell Evo3 products (the Accused Products) infringe the 957 patent. Defendants earn
substantial revenue each year selling such products in the United States.
17.

Prior to this lawsuit, on August 2009, Dr. Jernberg contacted Keystone in an

effort to develop a product incorporating the 957 patents inventions. Dr. David Altobelli,
Keystones Chief Scientific Officer and others reviewed the 957 patent on behalf of Keystone

over the course of several months, but Keystone ultimately informed Dr. Jernberg that it lacked
sufficient resources to move forward. Shortly thereafter, Keystone and Integra introduced the
Accused Products to the dental market. Dr. Jernberg has since attempted on multiple occasions
to negotiate a reasonable license with Keystone and Integra; however, they have both refused to
agree to any license on the 957 patent.
COUNT I
(Infringement of United States Patent No. 6,123,957)
18.

Jernberg incorporates by reference paragraphs 1-17 as if set forth here in full.

19.

The 957 patent, entitled Delivery of Agents and Methods for Regeneration of

Periodontal Tissues, was issued on September 26, 2000 and originated from an application filed
on July 16, 1997. Jernberg is the sole owner of the entire right, title, and interest in the 957
patent, including the right to recover for past, present and future infringements and violations
thereof.
20.

On information and belief, Defendants make, use, sell, offer to sale, and/or import

into the United States for subsequent sale or use the Accused Products identified above, which
infringe, directly, and/or indirectly, claims of the 957 patent, literally and/or under the doctrine
of equivalents, in violation of Jernbergs statutory rights. The 957 patent relates to a method for
treating periodontal disease and related disorders to regenerate lost tissues using certain tissue
regeneration agents and cellular recognition agents. On information and belief, Defendants
Accused Products include a tissue regeneration agent and cellular recognition agent that infringes
the claims of the 957 patent.
21.

On information and belief, Defendants have induced and continue to induce

others to infringe the asserted claims of the 957 patent under 35 U.S.C. 271(b) by, among
other things, performing certain steps of the methods claimed by the 957 patent, and advising,

encouraging, or otherwise inducing others to perform the remaining steps claimed by the 957
patent, thereby injuring Jernberg. In particular, Defendants sold, offered for sale and/or imported
the Accused Products with the intent that when their customers and purchasers use the Accused
Products for treating patients, they would do so by applying the Accused Products to a
periodontal treatment site. Moreover, through their marketing, packaging, product literature,
user manuals, technical support, and other published and electronic materials and resources
related to the Accused Products, Defendants actively encouraged and specifically intended their
customers and purchasers to use the Accused Products in the United States in a manner that
Defendants knew to be infringing claims of 957 patent. Since at least August 6, 2009, when Dr.
Jernberg contacted and attempted to negotiate a license with Keystone, Defendants have had
knowledge of the 957 patent and, by continuing the actions described above, have had the
specific intent to induce infringement of the 957 patent pursuant to 35 U.S.C. 271(b).
22.

As a result of Defendants unlawful infringement of the 957 patent, Jernberg has

suffered and will continue to suffer damage. Jernberg is entitled to recover from Defendants
damages, which have yet to be determined, adequate to compensate for such infringement.
23.

Defendants have infringed the 957 patent with full knowledge of Jernbergs

rights in the patent since at least August 6, 2009. On information and belief, Defendants have
acted and are continuing to act despite an objectively high likelihood that their actions
constituted direct and/or indirect infringement of a valid patent, and knew or should have known
of that objectively high risk as evidenced, at the very least, by Defendants knowledge that their
products are used in accordance with the method claimed in the 957 patent. Defendants acts
herein constitute willful and deliberate infringement, entitling Jernberg to enhanced damages
under 35 U.S.C. 284 and reasonable attorney fees and costs.

24.

Defendants acts of infringement have caused and will continue to cause

irreparable harm to Jernberg unless and until enjoined by this Court.

PRAYER FOR RELIEF
Wherefore, Jernberg prays for a Judgment from this Honorable Court in favor of Jernberg
and against Defendants as follows:
1.

That the 957 patent is valid and enforceable;

2.

That Defendants have directly infringed the 957 patent;

3.

That Defendants have induced infringement of 957 patent;

4.

An order enjoining Defendants and their affiliates, subsidiaries, officers, directors,

employees, agents, representatives, licensees, successors, assigns, and all those acting for them
and on their behalf, or acting in concert with them directly or indirectly, from further acts of
infringement of 957 patent;
5.

A full accounting by Defendants and awards and damages to Jernberg for

Defendants infringement of 957 patent, including enhanced damages pursuant to 35 U.S.C.

284, together with pre- and post-judgment interest, in an amount according to proof;
6.

Adjudge this case to be exceptional within the meaning of 35 U.S.C. 285,

entitling Jernberg to an award of its reasonable attorneys fees, expenses, and costs; and
7.

A grant of such other and further equitable or legal relief as the Court deems

proper.

DEMAND FOR JURY TRIAL

Jernberg hereby demands trial by jury on all issues so triable.
Date: November 26, 2013
BAYARD, P.A.
/s/ Stephen B. Brauerman
Richard D. Kirk (rk0922)
Stephen B. Brauerman (sb4952)
Vanessa R. Tiradentes (vt5398)
Sara E. Bussiere (sb5725)
222 Delaware Avenue, Suite 900
Wilmington, DE 19801
(302) 655-5000
rkirk@bayardlaw.com
sbrauerman@bayardlaw.com
vtiradentes@bayardlaw.com
sbussiere@bayardlaw.com
Attorneys for Plaintiff,
Jernberg Dental, LLC

OF COUNSEL:
August J. Matteis, Jr.
Peter J. Toren
James A. Fussell, III
Sean J. Williams
Weisbrod Matteis & Copley PLLC
1900 M Street, NW Suite 850
Washington, DC 20036
202-499-7900
amatteis@wmclaw.com
ptoren@wmclaw.com
jfussell@wmclaw.com
swilliams@wmclaw.com