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10 UNITED STATES DISTRICT COURT
11 CENTRAL DISTRICT OF CALIFORNIA
655 North Central Avenue
Glendale, CA 91203-1445
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MEISSNER FILTRATION Case No. 2:20-cv-01078
13 PRODUCTS, INC.,
Plaintiff, COMPLAINT FOR PATENT
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INFRINGEMENT
15 vs.
16 NORDSON MEDICAL
CORPORATION, DEMAND FOR JURY TRIAL
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Defendant.
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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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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
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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
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patent.
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11. The only independent claim of the ’825 Patent, claim 1, recites:
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18 1. A disposable sanitary gauge tee with no dead zone for
use in pressure measurement of fluid in disposable tubing comprising:
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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
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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
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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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12 at least claim 1 of the ’825 Patent as described in the chart attached hereto as
13 Exhibit D and as follows:
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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
655 North Central Avenue
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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
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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.
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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.
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12 any and all profits made by Defendant from its sales of the Accused Products
13 pursuant to 35 U.S.C. § 289;
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1 JURY DEMAND
2 Plaintiff requests a jury trial of all issues in this action so triable.
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4 Dated: February 3, 2020 Respectfully submitted,
5 LEWIS ROCA ROTHGERBER
CHRISTIE LLP
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7 By /s/Kyle W. Kellar
Constantine Marantidis
8 G. Warren Bleeker
9 Kyle W. Kellar
10 Attorneys for Plaintiff
11 Meissner Filtration Products, Inc.
655 North Central Avenue
Glendale, CA 91203-1445
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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
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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
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Exhibit A
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EXHIBIT B
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Exhibit B
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EXHIBIT C
NOTES: 1. FOR ADDITIONAL DETAILS, PLEASE CONTACT VP PRODUCT DEVELOPMENT REVISIONS
----------2x ¢.718±.020
A 2X q).447±.020---,�-----.
2X 2X .353±.010
2X q).625±.020
2X q).490±.020
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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
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B NTS 1038044 A
Huadong Lou © 2014 VALUE PLASTICS, INC 1 OF 1
EXHIBIT D
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disposable tubing
comprising:
passageway;
main fluid
body
passageway
passageway including a
Exhibit D
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barb is operatively
fluid port
be removably attached to second fluid
port
attachment of a sanitary
biocompatible gauge
pressure gauge;
Exhibit D
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passageway being
passageway, therein
fluid flow.
Exhibit D
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