1 X-PATENTS, APC JONATHAN HANGARTNER, Cal. Bar No. 196268 2 5670 La Jolla Blvd.

3 La Jolla, CA 92037 Telephone: 858-454-4313 4 Facsimile: 858-454-4314 jon@x-patents.com 5 6 Attorneys for Plaintiff Ivera Medical Corporation 7 8 9 10 11 IVERA MEDICAL CORPORATION, 12 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Case No. '13CV0465 AJB BGS COMPLAINT JURY TRIAL DEMANDED

Plaintiff, v.

14 EXCELSIOR MEDICAL 15 CORPORATION, 16 17 18 19 20 21 22 23 24

Defendant.

Plaintiff Ivera Medical Corporation (Ivera) for its Complaint against Defendant Excelsior Medical Corporation (Excelsior) avers as follows:

PARTIES 1. Plaintiff Ivera is a California corporation that maintains its principal place of

25 business in Carlsbad, California. 26 2. Defendant Excelsior is a corporation that maintains its principal place of

27 business at 1933 Heck Avenue, Neptune, New Jersey, 07753. 28 1

Complaint

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JURISDICTION This Court has personal jurisdiction over Excelsior because, on information

3 and belief, Excelsior purposefully ships the infringing SwabCap products through 4 established distribution channels into the State of California and the Southern District of 5 California. On information and belief, Excelsior is engaged in substantial and regular 6 business in the State of California and the Southern District of California. 7 4. Venue is proper under 28 U.S.C. 1391(b) and (c) and 1400(b) because

8 Excelsior offers the infringing products for sale in the Southern District of California and 9 because Excelsior is subject to personal jurisdiction in the Southern District of California. 10 11 12 5. BACKGROUND On October 16, 2007, United States Patent No. 7,282,186 (the 186 patent),

13 on an invention entitled Decontamination Device, was duly and legally issued by the 14 United States Patent and Trademark Office. A copy of the 186 patent is attached hereto 15 as Exhibit A. 16 6. Ivera is the exclusive licensee of the 186 patent and has the authority to

17 enforce the 186 patent. 18 7. Excelsior sells throughout the United States a product line of disinfecting

19 caps used to disinfect the access ports of luer activated valves it refers to as the SwabCap. 20 21 22 23 24 8. FIRST CAUSE OF ACTION COUNT I (INFRINGEMENT OF THE 186 PATENT) Ivera realleges and incorporates the previous paragraphs of this Complaint as

25 though set forth in full herein. 26 27 28 -2-

9.

Excelsior has used, offered for sale, sold, and/or imported into the United

2 States products, including at least the SwabCap, which literally and under the doctrine of 3 equivalents infringe one or more claims of the 186 patent in violation of 35 U.S.C. 271. 4 10. Ivera has been damaged and has suffered irreparable injury due to acts of

5 infringement by Excelsior and will continue to suffer irreparable injury unless Excelsiors 6 activities are enjoined. 7 11. Ivera has suffered and will continue to suffer substantial damages by reason

8 of Excelsiors acts of patent infringement alleged above, and Ivera is entitled to recover 9 from Excelsior the damages sustained as a result of Excelsiors acts. 10 11 12 PRAYER FOR RELIEF WHEREFORE, Ivera prays that judgment be entered by this Court in its favor and

13 against Excelsior as follows: 14 15 A. B. That Excelsior has infringed the 186 patent; Permanently enjoining and restraining Excelsior, its agents, affiliates,

16 subsidiaries, servants, employees, officers, directors, attorneys and those persons in active 17 concert with or controlled by Excelsior from further infringing the 186 patent; 18 C. For an award of damages adequate to compensate Ivera for the damages it

19 has suffered as a result of Excelsiors conduct, including pre-judgment interest; 20 D. That Excelsior be directed to withdraw from distribution all infringing

21 products, whether in the possession of Excelsior or its distributors or retailers, and that all 22 infringing products or materials be impounded or destroyed; 23 24 E. F. For monetary damages in an amount according to proof; For interest on said damages at the legal rate from and after the date such

25 damages were incurred; 26 27 costs; 28 -3G. That this is an exceptional case and for an award of Iveras attorney fees and

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H.

For such other relief as the Court may deem just and proper.

DEMAND FOR JURY TRIAL Plaintiff Ivera hereby demands a jury trial as to all issues that are so triable.

7 Dated: February 27, 2013 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

X-PATENTS, APC

By:

/s/Jonathan Hangartner JONATHAN HANGARTNER Attorneys for Plaintiff Ivera Medical Corporation

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