Meissner Filtration Prods. V Nordson Med. - Requesting 289 Damages For Utility Patent Infringement

Case 2:20-cv-01078 Document 1 Filed 02/03/20 Page 1 of 9 Page ID #:1
1 CONSTANTINE MARANTIDIS, CA Bar No. 173318

cmarantidis@lrrc.com
2 G. WARREN BLEEKER, CA Bar No. 210834
wbleeker@lrrc.com
3 KYLE W. KELLAR, CA Bar No. 294253
kkellar@lrrc.com
4 LEWIS ROCA ROTHGERBER CHRISTIE LLP
655 N. Central Avenue, Suite 2300
5 Glendale, CA 91203-1445
Telephone: (626) 795-9900
6 Facsimile: (626) 577-8800
7 Attorneys for Plaintiff
8 Meissner Filtration Products, Inc.
9
10 UNITED STATES DISTRICT COURT
11 CENTRAL DISTRICT OF CALIFORNIA
655 North Central Avenue
Glendale, CA 91203-1445
12
MEISSNER FILTRATION Case No. 2:20-cv-01078
13 PRODUCTS, INC.,
Plaintiff, COMPLAINT FOR PATENT
Suite 2300
14
INFRINGEMENT
15 vs.
16 NORDSON MEDICAL
CORPORATION, DEMAND FOR JURY TRIAL
17
Defendant.
18
19 Plaintiff Meissner Filtration Products, Inc. (“Meissner” or “Plaintiff”)
20 through its undersigned counsel, brings this action against Defendant Nordson
21 Medical Corporation (“Defendant”). In support of the Complaint, Plaintiff
22 alleges as follows:
23 JURISDICTION AND VENUE
24 1. This is an action for patent infringement pursuant to 35 U.S.C. § 271
25 et seq. This Court has exclusive subject matter jurisdiction over this action under
26 28 U.S.C. §§ 1331 and 1338(a).
27 2. This Court has personal jurisdiction over Defendant because, on
28 information and belief, it has done substantial business in this judicial district and
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110375541.2
1 because it has a regular and established place of business in this judicial district at
2 3000 Bunsen Avenue, Ventura, California 93003.
3 3. Venue is proper in this Court under 28 U.S.C. §§ 1391(b)(2),
4 1391(c)(2), and 1400(b) based on the forgoing facts and because, on information
5 and belief, a substantial part of the acts or omissions giving rise to the claim,
6 including Defendant’s acts of infringement, have occurred in this judicial district.
7 THE PARTIES
8 4. Meissner is a corporation organized and existing under the laws of
9 the State of California having a principal place of business at 1001 Flynn Road,
10 Camarillo, California 93012.
11 5. On information and belief, Defendant is an Ohio corporation having
12 a business address of 3000 Bunsen Avenue, Ventura, California 93003 and an

13 agent address at 50 West Broad Street, Columbus, Ohio 43215.
Suite 2300
14 FACTUAL BACKGROUND AND NATURE OF ACTION

15 6. United States Patent No. 7,373,825 (“the ’825 Patent”), titled
16 “GAUGE TEE DEVICE,” was duly issued by the United States Patent and
17 Trademark Office (“USPTO”) on May 20, 2008. A true and correct copy of the
18 ’825 Patent is attached hereto as Exhibit A.
19 7. Meissner owns by assignment the entire right, title, and interest in
20 and to the ’825 Patent. As the owner of the entire right, title, and interest in and
21 to the ’825 Patent, Meissner possesses the right to sue and to recover for
22 infringement of the ’825 Patent.
23 8. The ’825 Patent is directed to a disposable sanitary gauge tee.
24 9. Figure 8 of the ’825 Patent, which illustrates non-limiting aspects of
25 some of the claimed embodiments, illustrates a gauge tee device 10” having a
26 diameter at its proximal end 22” that is substantially the same as the diameter at
27 its distal end 30”.
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10. Meissner sells products embodying the invention of the ’825 Patent,
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called Single-Use Gauge Tees. Since at least December 2016, Meissner has
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identified the ’825 Patent on its Single-Use Gauge Tees that are covered by this
15
patent.
16
11. The only independent claim of the ’825 Patent, claim 1, recites:
17
18 1. A disposable sanitary gauge tee with no dead zone for
use in pressure measurement of fluid in disposable tubing comprising:
19
a body including a main fluid passageway in fluid connection
20 with a proximal end of a pressure fluid passageway;
21 said main fluid passageway including a fluid port and a second
fluid port, wherein a hose barb is operatively attached to said body at
22
said fluid port and said second fluid port, wherein said disposable
23 tubing can be removably attached to said hose barbs;
24 said pressure fluid passageway including a distal end for
removable attachment of a sanitary pressure gauge and a
25
biocompatible gauge protector for isolation of said fluid from said
26 sanitary pressure gauge; and
27 said proximal end of said pressure fluid passageway being
substantially the same diameter as said distal end of said pressure
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1 fluid passageway, therein providing a total transfer of fluid within said

2 pressure fluid passageway during fluid flow.
3 12. Defendant is currently offering for sale and/or selling disposable

4 sanitary gauge tees, which it refers to as Sanitary Fitting Instrument Tees, that
5 infringe the ’825 Patent, including at least those identified as SFMXT6110-VP1
6 and SFMXT680-VP1 (collectively, the “Accused Products”). Product diagrams
7 available at Defendant’s website detailing the SFMXT6110-VP1 and
8 SFMXT680-VP1 are attached hereto as Exhibits B and C, respectively.
9 13. Defendant’s disposable sanitary gauge tees, including at least those
10 identified by product numbers SFMXT6110-VP1 and SFMXT680-VP1, each
11 have, either literally or under the doctrine of equivalents, all the elements of
12 at least claim 1 of the ’825 Patent as described in the chart attached hereto as
13 Exhibit D and as follows:
Suite 2300
14 (i) Defendant describes the Accused Products on its website

15 as “sanity fitting instrument tee.” The Accused Products do not have
a dead zone and may be used to measure pressure in disposable
16 tubing;
17 (ii) The Accused Products have a body including a main fluid
18 passageway in fluid connection with a proximal end of a pressure
fluid passageway;
19
(iii) The main fluid passageway of the Accused Products
20 includes a fluid port and a second fluid port, and a hose barb is
operatively attached to the body at the fluid port and the second fluid
21
port. Disposable tubing can be removably attached to said hose barbs;
22 (iv) The pressure fluid passageway of the Accused Products
23 includes a distal end for removable attachment of a sanitary pressure
gauge and a biocompatible gauge protector for isolation of the fluid
24
from the sanitary pressure gauge; and
25 (v) The proximal end of the pressure fluid passageway of the
26 Accused Products has substantially the same diameter as the distal end
of the pressure fluid passageway such that a total transfer of fluid is
27 provided within the pressure fluid passageway during fluid flow.
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1 14. As would be understood by one of ordinary skill in the art,

2 “substantially the same diameter” as recited in claim 1 of the ’825 Patent does not
3 require exactly the same diameter at the proximal and distal ends of the pressure
4 fluid passageway but covers variations between the diameter at the proximal and
5 distal ends of the pressure fluid passageway. As can be seen at least in Figure 8
6 of the ’825 Patent, which is reproduced again below, such variations in diameters
7 of the proximal end 22” and the distal end 30” of the pressure fluid passageway
8 24” were shown in at least one illustrated embodiment:
9
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12
13
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20 15. For example, as described at column 6, lines 48–50 of the ’825
21 Patent, “[t]he proximal end 22” is almost or substantially the same diameter as the
22 distal end 30” of the pressure fluid passageway 20”.”
23 16. Defendant’s Accused Products embody the same or substantially
24 similar variation in diameters of the proximal end and the distal end of the
25 pressure fluid passageway as shown in the annotated image of one of the Accused
26 Products below:
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10 17. Further, because the pressure fluid passageway in the Accused
11 Products performs substantially the same function in substantially the same
12 manner as in the claimed embodiment to obtain the same result, any difference
13 between the Accused Products and claim 1 of the ’825 Patent is insubstantial and
Suite 2300
14 does not avoid infringement.

15 18. Accordingly, Defendant has infringed, and continues to infringe, at
16 least claim 1 of the ’825 Patent by offering for sale and selling the Accused
17 Products, which embody all of the features of at least claim 1 of the ’825 Patent.
18 19. Meissner contacted Defendant as early as June 3, 2016, informing
19 Defendant of Meissner’s patent rights in the ’825 Patent. Counsel for Defendant
20 confirmed receipt on Meissner’s June 3, 2016 communication shortly thereafter.
21 Since being put on notice of the ’825 Patent, Defendant has not ceased offering
22 for sale or selling the Accused Products.
23 CLAIM FOR RELIEF
24 (Patent Infringement of U.S. Patent No. 7,373,825)
25 20. Meissner incorporates and re-alleges Paragraphs 1 through 19 of this
26 Complaint as if fully set forth herein.
27 21. The USPTO duly issued the ’825 Patent on May 20, 2008.
28 22. The ’825 Patent is valid and enforceable.
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110375541.2
1 23. Meissner has, since at least December 2016, marked its products
2 covered by the ’825 Patent pursuant to 35 U.S.C. § 287.
3 24. Defendant has infringed at least claim 1 of the ’825 Patent, either
4 literally or under the doctrine of equivalents, by offering to sell and/or selling in
5 the United States its Sanitary Fitting Instrument Tees, including at least product
6 numbers SFMXT6110-VP1 and SFMXT680-VP1 (referred to above and below as
7 the “Accused Products”).
8 25. Defendant’s infringement of the ’825 Patent has injured Meissner,
9 and Meissner is entitled to recover damages adequate to compensate it for
10 Defendant’s infringement, which in no event can be less than a reasonable
11 royalty.
12 26. Upon information and belief, Defendant’s infringement was willful

13 because Defendant offered for sale, sold, and continues to offer for sale and sell
Suite 2300
14 the Accused Products despite an objectively high likelihood that its actions
15 constituted infringement of a valid patent, and Defendant knew or should have
16 known of such risk when they infringed the ’825 Patent.
17 27. Defendant was put on actual notice of the ’825 Patent as early as
18 June 3, 2016 but continued to offer for sale and sell the Accused Products.
19 Such infringement is willful.
20 28. Pursuant to 35 U.S.C. § 284, the Court should award Meissner treble
21 damages as a result of Defendant’s willful infringement.
22 29. Defendant’s infringement of the ’825 Patent is exceptional.
23 Accordingly, pursuant to 35 U.S.C. § 285, Meissner is entitled to recover from
24 Defendant its reasonable attorneys’ fees and costs incurred in prosecuting this
25 action.
26
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110375541.2
1 PRAYER FOR RELIEF

2 WHEREFORE, Plaintiff respectfully requests that this Court enter
3 judgment as follows:
4 1. That Defendant has infringed the ’825 Patent;
5 2. That Defendant’s infringement of the ’825 Patent has been willful;
6 3. Entry of a permanent injunction against further infringement of the
7 ’825 Patent;
8 4. An award of damages adequate to compensate Meissner for
9 Defendant’s infringement of the ’825 Patent, including pre-judgment interest and
10 costs;
11 5. An Order requiring Defendant to account for and pay to Meissner
12 any and all profits made by Defendant from its sales of the Accused Products
13 pursuant to 35 U.S.C. § 289;
Suite 2300
14 6. An award of all other damages permitted by 35 U.S.C. § 284;

15 7. A determination that this is an exceptional case within the meaning
16 of 35 U.S.C. § 285 and an award to Meissner of its costs and reasonable
17 attorneys’ fees incurred in this action; and
18 8. Such other relief as this Court deems just and proper.
19
20 Dated: February 3, 2020 Respectfully submitted,
21 LEWIS ROCA ROTHGERBER
CHRISTIE LLP
22
23 By /s/Kyle W. Kellar
Constantine Marantidis
24
G. Warren Bleeker
25 Kyle W. Kellar
28
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110375541.2
1 JURY DEMAND
2 Plaintiff requests a jury trial of all issues in this action so triable.
3
4 Dated: February 3, 2020 Respectfully submitted,
5 LEWIS ROCA ROTHGERBER
CHRISTIE LLP
6
7 By /s/Kyle W. Kellar
Constantine Marantidis
8 G. Warren Bleeker
9 Kyle W. Kellar
12
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Suite 2300
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110375541.2
Case 2:20-cv-01078 Document 1-1 Filed 02/03/20 Page 1 of 23 Page ID #:10
EXHIBIT A
Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
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Exhibit A
-17-
Exhibit A
-18-
Exhibit A
-19-
Exhibit A
-20-
Exhibit A
-21-
Exhibit A
-22-
Exhibit A
-23-
EXHIBIT B
Exhibit B
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EXHIBIT C
NOTES: 1. FOR ADDITIONAL DETAILS, PLEASE CONTACT VP PRODUCT DEVELOPMENT REVISIONS
2. DIMENSIONS MARKED�ARE CONTROL DIMENSIONS REV. DESCRIPTION DATE APPROVED
INITIAL CONCEPT 9-17-16

3. ALL EXTERIOR SURFACES HAVE A MAXIMUM OF 20 Ra MICROINCH SURFACE FINISH
A H.L
4. ALL INTERIOR SURFACES HAVE A MAXIMUM OF 15 Ra MICROINCH SURFACE FINISH
5. VALUE PLASTICS SFMX SERIES FERRULES ARE DESIGNED TO
COMPLY WITH ASME BPE-2014 TABLE DT-7-1 HYGIENIC CLAMP FERRULE STANDARD DIMENSIONS &
TOLERANCES; DT-9.3-1 HYGIENIC CLAMP FERRULE: DESIGN CRITERIA. REF PM-4.6.1.2.
PERFORMANCE NOTE.
6. ALL INTERIOR AND EXTERIOR SURFACE FINISHES COMPLY WITH ASME BPE-2014 TABLE
SF-3.4-1 SFP2 Ra Readings for Polymeric Product Contact Surfaces 3.910±.050
----------2x ¢.718±.020
A 2X q).447±.020---,�-----.
2X 2X .353±.010
2X q).625±.020
2X q).490±.020
2X INSTRUMENT QUALITY PART. NO

1.272±.020 PARTING LINE PERMITTED ON THIS q) 1.500±.008
CONICAL SURFACE.
-25-
I ' I 2X q) .550±.020
.<::
_J
Exhibit C
I
101 .0041 I ::::---.l
A .155
GAUGING WIDTH
1.748
¢1.984±.010 R.020 (BASIC GAUGING DIAMETER)
SECTION A-A
R.047
20 °
_l_
(.112)
UNLESS OTHERWISE SPECIFIED
.063
DIMENSIONS ARE IN INCHES
TOLERANCES ARE:
VALUE PLASTICS, INC
rAACTIONS DECIMAL ANGULAR
! .xx !,01 ! 1"
.xxx !.005
DETAIL Z SFMXT680
.xxxx :!;.001
Tee Sanitary Fitting, Maxi Flange to 600
Series Barb, 1/2" (12.7 mm) Tubing ID
Frank. Lombardi 1111212016
B NTS 1038044 A
Huadong Lou © 2014 VALUE PLASTICS, INC 1 OF 1
FOR REFERENCE ONLY

EXHIBIT D
US Patent No. 7,373,825 Defendant’s Accused Products
1. A disposable sanitary Defendant refers to the Accused Products as “sanitary
gauge tee with no dead fitting instrument tee[s].”
zone for use in pressure (https://www.nordsonmedical.com/Shop/Fluid-
measurement of fluid in Management/Products/G40GG1-PX-150).
disposable tubing
comprising:
a body including a main proximal end of

pressure fluid
passageway
fluid passageway in fluid
connection with a proximal
end of a pressure fluid
passageway;
main fluid
body
passageway
said main fluid
passageway including a
fluid port and a second
fluid port, wherein a hose
Exhibit D
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barb is operatively
hose barb hose barb

attached to said body at
said fluid port and said
second fluid port, wherein
said disposable tubing can
fluid port
be removably attached to second fluid
port
said hose barbs;
said pressure fluid

distal end of
pressure fluid
passageway including a passageway
distal end for removable
attachment of a sanitary
pressure gauge and a
biocompatible gauge
protector for isolation of
said fluid from said sanitary
pressure gauge;
and said proximal end of
said pressure fluid
Exhibit D
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passageway being
substantially the same
diameter as said distal end
of said pressure fluid
passageway, therein
providing a total transfer of
fluid within said pressure
fluid passageway during
fluid flow.
Exhibit D
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Meissner Filtration Prods. V Nordson Med. - Requesting 289 Damages For Utility Patent Infringement

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Case 2:20-cv-01078 Document 1 Filed 02/03/20 Page 1 of 9 Page ID #:1

1 CONSTANTINE MARANTIDIS, CA Bar No. 173318

12 a business address of 3000 Bunsen Avenue, Ventura, California 93003 and an

14 FACTUAL BACKGROUND AND NATURE OF ACTION

1 fluid passageway, therein providing a total transfer of fluid within said

3 12. Defendant is currently offering for sale and/or selling disposable

14 (i) Defendant describes the Accused Products on its website

1 14. As would be understood by one of ordinary skill in the art,

14 does not avoid infringement.

12 26. Upon information and belief, Defendant’s infringement was willful

1 PRAYER FOR RELIEF

14 6. An award of all other damages permitted by 35 U.S.C. § 284;

2. DIMENSIONS MARKED�ARE CONTROL DIMENSIONS REV. DESCRIPTION DATE APPROVED

INITIAL CONCEPT 9-17-16

2X INSTRUMENT QUALITY PART. NO

FOR REFERENCE ONLY

US Patent No. 7,373,825 Defendant’s Accused Products

1. A disposable sanitary Defendant refers to the Accused Products as “sanitary

gauge tee with no dead fitting instrument tee[s].”

zone for use in pressure (https://www.nordsonmedical.com/Shop/Fluid-

measurement of fluid in Management/Products/G40GG1-PX-150).

a body including a main proximal end of

connection with a proximal

end of a pressure fluid

said main fluid

fluid port and a second

fluid port, wherein a hose

hose barb hose barb

said fluid port and said

second fluid port, wherein

said disposable tubing can

said hose barbs;

said pressure fluid

distal end for removable

pressure gauge and a

protector for isolation of

said fluid from said sanitary

and said proximal end of

said pressure fluid

substantially the same

diameter as said distal end

of said pressure fluid

providing a total transfer of

fluid within said pressure

fluid passageway during

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