IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA NEUTAR, LLC, Plaintiff, v.

MAZOR ROBOTICS, INC. and MAZOR ROBOTICS, LTD., ) ) ) ) ) ) ) ) ) ) Civil Action No. __________________

Electronically Filed JURY TRIAL DEMANDED

Defendants.

COMPLAINT Plaintiff Neutar, LLC (hereinafter Neutar), through its counsel, hereby alleges the following against Defendants Mazor Robotics, Inc. and Mazor Robotics, Ltd. (hereinafter Mazor): THE PARTIES 1. Neutar is a Maine limited liability company having a registered office

c/o Michael High at 84 Marginal Way, Suite 600, Portland, Maine 04101. 2. Upon information and belief, Mazor Robotics, Inc. is a Delaware

corporation having its principal place of business at 189 South Orange Avenue, Suite 1850, Orlando, Florida 32801.

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Upon information and belief, Mazor Robotics, Ltd. is an Israeli limited

company having its principal place of business at 7 Haeshel Street, Caesarea Industrial Park South, Israel 38900. JURISDICTION AND VENUE 4. Neutar brings this action under the Patent Laws of the United States,

Title 35 of the United States Code. This Court has jurisdiction pursuant to 28 U.S.C. 1331 and 1338. 5. Neutar is the owner of all right, title, and interest in United States Patent

Nos. 6,298,262 (the 262 Patent), 6,273,896 (the 896 Patent), and 6,529,765 (the 765 Patent). True and correct copies of each of the above-identified patents are attached hereto as Exhibits A-C, respectively. 6. Upon information and belief, Mazor is registered to do business in the

Commonwealth of Pennsylvania. 7. Upon information and belief, Mazor regularly conducts business in this

judicial district, at least by its website, http://mazorrobotics.com/physicians/, which is accessible over the Internet all over the United States, including in this judicial district, and does not purport to preclude potential customers within this judicial district from obtaining its products, including the Renaissance system. 8. Mazor, at its website, http://mazorrobotics.com/find-a-surgeon/, which

is accessible over the Internet all over the United States, including in this judicial
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district, informs patients of a selection of healthcare providers utilizing Mazor products, including the Renaissance system. Of the selected healthcare providers listed at http://mazorrobotics.com/find-a-surgeon/, at least Geisinger Health System has business locations within and regularly conducts business in this judicial district. 9. Upon information and belief, the Renaissance system has been offered

for sale in this judicial district, has been sold in this judicial district, is utilized by at least one healthcare provider within this judicial district, and is utilized in medical procedures conducted on individuals residing within this judicial district. 10. Venue is proper pursuant to 28 U.S.C. 1391 and 1400. SUMMARY OF THE FACTS 11. The 262 Patent claims a method and apparatus for positioning a

surgical instrument during surgery using a guidance fixture. The United States Patent and Trademark Office duly and legally issued the 262 Patent on October 2, 2001. 12. The 896 Patent claims a method and tracking apparatus for stereotactic

surgery. The United States Patent and Trademark Office duly and legally issued the 896 Patent on August 14, 2001. 13. The 765 Patent claims a method and apparatus, including a guidance

fixture, for surgery on a body. The United States Patent and Trademark Office duly and legally issued the 765 Patent on March 4, 2003.
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Upon information and belief, Mazor makes, imports, sells, and offers

to sell the Renaissance system and a clamp mount and rail for use with the Renaissance system. 15. The Renaissance system, including the clamp mount and rail, includes

a guidance fixture and tracking apparatus for positioning a surgical instrument during surgery. True and correct copies of pages from Mazors website showing the Renaissance system are attached hereto as Exhibit D. 16. Upon information and belief, Mazor advertises the Renaissance system

for use in positioning a surgical instrument during surgery using a guidance fixture and tracking apparatus, and upon information and belief customers have utilized the Renaissance system for that purpose. 17. Upon information and belief, Mazor advertises the Renaissance system

for use in deep-brain stimulation, which includes the use of a third-party microdrive, and upon information and belief customers have utilized the Renaissance system, with a third-party microdrive, for that purpose. Upon information and belief, Mazor has advertised such uses of the Renaissance system with knowledge that use of such a microdrive with the Renaissance system infringes one or more of the claims of the 262 Patent and the 765 Patent.

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COUNT I: INFRINGEMENT OF THE 262 PATENT 18. Neutar repeats and re-alleges each and every averment contained in

paragraphs 1-17 hereof as if fully set forth herein. 19. Mazor has infringed the 262 Patent at least by making, importing,

selling, and offering to sell the Renaissance system. Mazor received notice of the 262 Patent at least as early as August 14, 2013. 20. Mazor has indirectly infringed the 262 Patent at least by inducing,

aiding, abetting, and actively inducing the direct infringement of at least claims 18 and 19 of the 262 Patent by healthcare providers. Mazor has induced such

healthcare providers to directly infringe these claims by advertising use of the Renaissance system with third-party microdrives for performance of at least deep brain stimulation. 21. Mazors infringement has injured Neutar, and Neutar is entitled to

recover damages adequate to compensate for the infringement that has occurred. Neutar is entitled to recover at least a reasonable royalty pursuant to 35 U.S.C. 284. 22. Upon information and belief, Mazor has been infringing the 262 Patent

since at least the 2011 time frame. Mazor has infringed the 262 Patent with knowledge of the patent and without legal justification or excuse since at least

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August 14, 2013. Mazors infringement from this time forward has been and is willful. 23. Neutar has been injured and is being injured by Mazors infringement

of the 262 Patent, and Neutar will continue to suffer irreparable harm unless Mazors infringement of the 262 Patent is enjoined by this Court. COUNT II: INFRINGEMENT OF THE 896 PATENT 24. Neutar repeats and re-alleges each and every averment contained in

paragraphs 1-17 hereof as if fully set forth herein. 25. Mazor has infringed the 896 Patent at least by making, importing,

selling, and offering to sell the Renaissance system. 26. Mazors infringement has injured Neutar, and Neutar is entitled to

recover damages adequate to compensate for the infringement that has occurred. Neutar is entitled to recover at least a reasonable royalty pursuant to 35 U.S.C. 284. 27. Upon information and belief, Mazor has been infringing the 896 Patent

since at least the 2011 time frame. 28. Neutar has been injured and is being injured by Mazors infringement

of the 896 Patent, and Neutar will continue to suffer irreparable harm unless Mazors infringement of the 896 Patent is enjoined by this Court.

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COUNT III: INFRINGEMENT OF THE 765 PATENT 29. Neutar repeats and re-alleges each and every averment contained in

paragraphs 1-17 hereof as if fully set forth herein. 30. Mazor has infringed the 765 Patent at least by making, importing,

selling, and offering to sell the Renaissance system. Mazor received notice of the 765 Patent at least as early as August 14, 2013. 31. Mazor has indirectly infringed the 765 Patent at least by inducing,

aiding, abetting, and actively inducing the direct infringement of at least claims 8, 10, and 11 of the 765 Patent by healthcare providers. Mazor has induced such healthcare providers to directly infringe these claims by advertising use of the Renaissance system with third-party microdrives for performance of at least deep brain stimulation. 32. Mazors infringement has injured Neutar, and Neutar is entitled to

recover damages adequate to compensate for the infringement that has occurred. Neutar is entitled to recover at least a reasonable royalty pursuant to 35 U.S.C. 284. 33. Upon information and belief, Mazor has been infringing the 765 Patent

since at least the 2011 time frame. Mazor has infringed the 765 Patent with knowledge of the patent and without legal justification or excuse since at least

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August 14, 2013. Mazors infringement from this time forward has been and is willful. 34. Neutar has been injured and is being injured by Mazors infringement

of the 765 Patent, and Neutar will continue to suffer irreparable harm unless Mazors infringement of the 765 Patent is enjoined by this Court.

WHEREFOR, Neutar respectfully requests judgment be entered against Mazor as follows: A. An award of damages adequate to compensate Neutar for the

infringement of the 262 Patent, the 896 Patent, and the 765 Patent, in the form of at least a reasonable royalty, together with prejudgment interest from the date the infringement began; B. Any damages permitted in the Courts equitable discretion, including

increased damages for willful infringement under 35 U.S.C. 284; C. A finding that this case is exceptional and an award to Neutar of its

attorneys fees and expenses as provided by 35 U.S.C. 285; D. An injunction permanently enjoining Mazor, and all persons in active

concert or participation with Mazor, from further acts of infringement of the 262 Patent, the 896 Patent, and the 765 Patent; and E. Such other and further relief as this Court deems proper.

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DEMAND FOR JURY TRIAL Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Neutar hereby demands a trial by jury of all issues triable by jury.

Respectfully submitted,

Dated: March 14, 2014

s/ John W. McIlvaine John W. McIlvaine (PA ID No. 56,773) THE WEBB LAW FIRM One Gateway Center 420 Fort Duquesne Blvd., Suite 1200 Pittsburgh, PA 15222 412.471.8815 412.471.4094 (fax) Counsel for Plaintiff Neutar, LLC

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