This case was last updated from PACER on 06/11/2021 at 18:20:33 (UTC).

ASPEN Medical Products, LLC v. Breg, Inc.

Case Summary

On April 12, 2021, Aspen Medical Products, LLC, (hereinafter “Aspen” or “Plaintiff”), represented by Jason De Bretteville of Stradling Yocca Carlson & Rauth filed an intellectual property lawsuit against Defendant, Breg, Inc. (“Defendant”), seeking injunctive relief and damages among other reliefs for alleged infringement of patented technology relating to upper and lower spinal bracing technology owned by Plaintiff. This case was filed in the U.S. District Court for the Southern District of California with Judges Mitchell D. Dambin and Willian Q. Hayes presiding. 

 

The Plaintiff asserted that Aspen is the owner of portfolios of trademark, copyright and patents to protect its designs of innovative spinal braces. Aspen’s successful spinal bracing products include adjustable braces for the lower spine, often referred to as lower spine braces, and adjustable braces for the upper spine, often referred to as cervical collars. Aspen’s innovative lower spine braces include its Aspen, Contour, Evergreen, Horizon, Peak Scoliosis, QuickDraw, Summit, Vista lines, etc. 

 

In its complaint, Aspen has alleged that “On February 1, 2021, Breg announced the launch of lower spine braces and cervical collars as part of its Pinnacle and Ascend lines of products. Defendant’s Pinnacle and Ascend lower spine braces and Defendant’s Pinnacle cervical collars (the “Accused Products”) infringe Aspen’s patents. Defendant sells and offers for sale its infringing lower spine braces and cervical collars in direct competition with Aspen’s products.”

 

Aspen has further alleged that “Defendant also has induced its customers to use the infringing Pinnacle and Ascend lower spine braces. Defendant’s product manuals, instructional videos and advertisements, including those found on Defendant’s website, https://www.breg.com/products/spine-bracing/, instruct Defendant’s customers on how to assemble, disassemble, and use the Accused Lower Spine Braces. On information and belief, Defendant knew that its customers, in using the Accused Lower Spine Braces, were practicing the claims of the Patents-in-suit. Accordingly, on information and belief, Defendant has induced and is inducing its customers of the Accused Lower Spine Braces to infringe claims of the Patents-in-suit.” 

 

Furthermore “Defendant’s acts of infringement have been willful. Defendant, among other things, has sold and continues to sell Aspen’s patented products that include patent marking. Defendant has continued its infringement with knowledge of the patent and in willful disregard of the patent and the rights created thereunder.”

 

There are six claims for relief laid down by Aspen. The first claim is for the alleged patent infringement of the U.S. Patent No. 9,393,149 (“the ‘149 patent”) entitled “Double Pull Body Brace.” The second claim is for the alleged patent infringement of U.S. No. 8,956,315 (“the ‘315 patent”). The third claim is for the alleged patent infringement of the U.S. Patent No. 8,142,377 (“the ‘377 patent”). The fourth claim is for the alleged patent infringement of the U.S. Patent  No. 7,674,234 (“the ‘234 patent”) entitled “Cervical Collar with Geared Adjustment”. The fifth claim is for the alleged patent infringement of U.S. Patent  No. 7,141,031 (“the ‘031 patent”) entitled “Cervical Collar with End-Supported Chin Strap”. The sixth claim is for the alleged infringement of Aspen’s Copyright ‘589 Registration entitled “Aspen Cervical Collar Sizing Guide”.

 

In its prayer for relief, Aspen has requested the Court to adjudge that the Defendant has been violating the patent and copyrights of the Aspen, grant injunction against the Defendant, order an accounting of damages and thus award actual and compensatory damages as prescribed by the law under 35 U.S.C. §284 for willful infringement and other alternative statutory damages and costs under 17 U.S.C. § 504(a, b, c) and § 505. Plaintiff further requested the court to award pre-judgment interest, post-judgment interest along with costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-00631

  • Filing Date:

    04/12/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Referral Judge

Mitchell D. Dembin

Presiding Judges

William Q. Hayes

Janis L. Sammartino

 

Party Details

Plaintiff

ASPEN Medical Products, LLC

Defendant

Breg, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Jason De Bretteville

Attorney at Stradling Yocca Carlson & Rauth

660 Newport Center Drive, Suite 1600

Newport Beach, CA 92660

Jason S. Shull

Attorney at Banner & Witcoff, Ltd.

71 South Wacker Drive, Suite 3600

Chicago, IL 60606

John R. Hutchins

Attorney at Banner & Witcoff, Ltd.

1100 13Th Street, Nw, Suite 1200

Washington, DC 20005

Joseph J. Berghammer

Attorney at Banner & Witcoff, Ltd.

71 South Wacker Drive, Suite 3600

Chicago, IL 60606

Matthew Robert Stephens

Attorney at Stradling Yocca Carlson & Rauth PC

4365 Executive Drive, Suite 1500

San Diego, CA 92121

Defendant Attorneys

John R. Lanham

Attorney at Morrison & Foerster LLP

12531 High Bluff Drive, Suite 100

San Diego, CA 92130

Janet S Kim

Attorney at Morrison Foerster

12531 High Bluff Dr, Ste. 100

San Diego, CA 92130

Eric Martin Acker

Attorney at Morrison and Foerster

12531 High Bluff Drive

San Diego, CA 92130-3014

Sarah Jane Vandervalk

Attorney at Morrison & Foerster LLP

12531 High Bluff Drive, Suite 100

San Diego, CA 92130-2040

 

Court Documents

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#11

#10

#9

#8

#7

#6

#4

#3

#2

6 More Documents Available
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Docket Entries

  • 05/06/2021
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  • Docket(#19) ORDER Granting #18 Joint Motion for the Extension of Time in which to Respond to the Complaint. Defendant SHALL RESPOND to the Complaint on or before 6/11/2021. Signed by Judge Janis L. Sammartino on 5/6/2021. (tcf) (Entered: 05/06/2021)

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  • 05/05/2021
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  • Docket(#18) Joint MOTION for Extension of Time to File Answer or otherwise respond to the Complaint by Breg, Inc. (Acker, Eric) (tcf). (Entered: 05/05/2021)

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  • 05/05/2021
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  • Docket(#17) NOTICE of Appearance by Sarah Jane Vandervalk on behalf of Breg, Inc. (Vandervalk, Sarah)Attorney Sarah Jane Vandervalk added to party Breg, Inc.(pty:dft) (tcf). (Entered: 05/05/2021)

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  • 05/05/2021
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  • Docket(#16) NOTICE of Appearance by Janet S Kim on behalf of Breg, Inc. (Kim, Janet)Attorney Janet S Kim added to party Breg, Inc.(pty:dft) (tcf). (Entered: 05/05/2021)

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  • 05/05/2021
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  • Docket(#15) NOTICE of Appearance by John R. Lanham on behalf of Breg, Inc. (Lanham, John)Attorney John R. Lanham added to party Breg, Inc.(pty:dft) (tcf). (Entered: 05/05/2021)

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  • 05/05/2021
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  • Docket(#14) NOTICE of Appearance by Eric Martin Acker on behalf of Breg, Inc. (Acker, Eric)Attorney Eric Martin Acker added to party Breg, Inc.(pty:dft) (tcf). (Entered: 05/05/2021)

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  • 04/28/2021
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  • Docket(#13) SUMMONS Returned Executed by ASPEN Medical Products, LLC. Breg, Inc. served. (De Bretteville, Jason) (tcf). (Entered: 04/28/2021)

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  • 04/23/2021
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  • Docket(#12) ORDER Approving the Pro Hac Vice Application of Jason S. Shull, re #9 Request to Appear Pro Hac Vice. Signed by Judge Janis L. Sammartino on 4/23/2021.(rmc) (Entered: 04/23/2021)

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  • 04/23/2021
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  • Docket(#11) ORDER Approving the Pro Hac Vice Application of John R. Hutchins, re #8 Request to Appear Pro Hac Vice. Signed by Judge Janis L. Sammartino on 4/23/2021.(rmc) (Entered: 04/23/2021)

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  • 04/23/2021
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  • Docket(#10) ORDER Approving the Pro Hac Vice Application of Joseph J. Berghammer, re #7 Request to Appear Pro Hac Vice. Signed by Judge Janis L. Sammartino on 4/23/2021.(rmc) (Entered: 04/23/2021)

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  • 04/23/2021
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  • Docket(#9) Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15653974.) (Application to be reviewed by Clerk.) (Shull, Jason) (rmc). (Entered: 04/23/2021)

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  • 04/23/2021
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  • Docket(#8) Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15653926.) (Application to be reviewed by Clerk.) (Hutchins, John) (rmc). (Entered: 04/23/2021)

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  • 04/23/2021
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  • Docket(#7) Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15653880.) (Application to be reviewed by Clerk.) (Berghammer, Joseph) (rmc). (Entered: 04/23/2021)

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  • 04/19/2021
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  • Docket(#6) Corporate Disclosure Statement by ASPEN Medical Products, LLC identifying Corporate Parent Aspen Acquisition, LLC for ASPEN Medical Products, LLC. (De Bretteville, Jason) (tcf). (Entered: 04/19/2021)

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  • 04/19/2021
  • Docket(#5) MINUTE ENTRY: The Honorable William Q. Hayes declines assignment pursuant to General Order 598 and requests that the case be assigned to a participating patent judge. Judge Janis L. Sammartino added to the case. Judge William Q. Hayes is no longer assigned to case and Judge Janis L. Sammartino is now assigned to the case. The new case number is 2cv0631-JLS-MDD.(no document attached) (ag) (Entered: 04/19/2021)

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  • 04/15/2021
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  • Docket(#4) NOTICE of Appearance by Matthew Robert Stephens on behalf of ASPEN Medical Products, LLC (Stephens, Matthew)Attorney Matthew Robert Stephens added to party ASPEN Medical Products, LLC(pty:pla) (ag). (Entered: 04/15/2021)

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  • 04/13/2021
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  • Docket(#3) Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (smd) (jms). (Entered: 04/13/2021)

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  • 04/13/2021
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  • Docket(#2) REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *9,393,149*, *8,956,315*, *8,142,377*, *7,674,234*, *7,141,031* cc:USPTO (smd) (jms). (Entered: 04/13/2021)

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  • 04/12/2021
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  • Docket(#1) COMPLAINT with Jury Demand against Breg, Inc. ( Filing fee $ 402 receipt number ACASDC-15611929.), filed by ASPEN Medical Products, LLC. (Attachments: #1 Civil Cover Sheet, #2 Table of Exhibits, #3 A, #4 B, #5 C, #6 D, #7 E, #8 F, #9 G, #10 H, #11 I, #12 J, #13 K, #14 L, #15 M, #16 N, #17 O, #18 P)The new case number is 3:21-cv-631-WQH-MDD. Judge William Q. Hayes and Magistrate Judge Mitchell D. Dembin are assigned to the case. (De Bretteville, Jason)(smd) (jms). (Entered: 04/13/2021)

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