Search

Attributes

This case was last updated from PACER on 04/20/2021 at 11:29:25 (UTC).

Bayer HealthCare LLC v. Ecomed Solutions LLC

Case Summary

On February 19, 2021, Bayer HealthCare LLC (“Bayer”), represented by Jack B. Blumenfeld and Rodger Dallery Smith, II of Morris, Nichols, Arsht & Tunnell LLP, filed an intellectual property lawsuit against Ecomed Solutions LLC (“Ecomed”) seeking declaratory relief and damages for alleged patent infringement against in connection with Ecomed’s manufacture, use, offer for sale, sale, and/or importation of syringes for use with Bayer’s MEDRAD® Stellant® CT Injection Systems. This case was filed in U.S. District Court in the District of Delaware with Judge Leonard P. Stark presiding.

 

Bayer filed this complaint for the alleged infringement of United States Patent No. 7,018,363 (“the ’363 patent”), titled “Encoding and Sensing of Syringe Information” and United States Patent No. 10,060,758 (“the ’758 patent”), titled “Encoding and Sensing of Syringe Information” (together “the Asserted Patents”) by Ecomed that have been duly and validly issued to Bayer and marked in compliance with 35 U.S.C. § 287.

 

In its complaint, Bayer allied that its “Radiology Division provides diagnostic imaging solutions, including products and services for computed tomography (“CT”) scanning” and that “Bayer has invented specialized disposable syringes that are engineered specifically for use with the MEDRAD® Stellant® CT Injection System. Bayer’s syringes intended for use with the MEDRAD® Stellant® CT Injection System include sensing rings that enable the MEDRAD® Stellant® CT Injection System to detect the presence and details of a syringe when it is inserted into the system.” 

 

Bayer further alleged that “on information and belief, Ecomed makes uses, offers for sale, and/or sells in the United States, and/or imports into the United States, syringes infringing the Asserted Patents… has made, sells, offers for sale in the United States, and/or imports into the United States, syringes designed for use with Bayer’s MEDRAD® Stellant® CT Injection Systems (the “Accused Products”)... sells and/or offers to sell the Accused Products in the United States to or through a distribution partner named Genus Medical Technologies (“Genus”).”

 

There are two claims for relief laid down by Bayer, one for the alleged infringement of each Asserted Patents. Bayer alleged that Ecomed is indirectly infringing the Asserted Patents in violation of 35 U.S.C. § 271(b) and 35 U.S.C. § 271(c) by actively inducing the alleged direct infringement of the ’363 patent by its distributors, retailers, and customers, including Genus, including at least by making, using, offering for sale, and/or selling in the United States the Accused Products, and/or importing the Accused Products into the United States, with specific intent that its distributors, retailers, and customers directly infringe the ’363 patent and by offering to sell and/or selling within the United States the Accused Products, and/or importing the Accused Products into the United States, respectively. 

 

In its prayer for relief Bayer requested the court to pass an order to declare that Ecomed has infringed the Asserted Patents and to award damages in the form of lost profits but in no event less than a reasonable royalty on past and future infringing sales. Bayer also requested the court to declare that this is an exceptional case and an award of attorneys’ fees pursuant to 35 U.S.C. § 285 in addition to the costs of litigation.

 

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00231

  • Filing Date:

    02/19/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    Delaware District

Judge Details

Presiding Judge

Leonard P. Stark

 

Party Details

Plaintiff

Bayer HealthCare LLC

Defendant

Ecomed Solutions LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Rodger Dallery Smith, II

Attorney at Morris, Nichols, Arsht & Tunnell LLP

1201 North Market Street, P.O. Box 1347

Wilmington, DE 19899

Jack B. Blumenfeld

Attorney at Morris, Nichols, Arsht & Tunnell LLP

1201 North Market Street, P.O. Box 1347

Wilmington, DE 19899

 

Court Documents

#9

(#9) STIPULATION TO EXTEND TIME for defendant Ecomed Solutions LLC to answer or otherwise respond to the Amended Complaint to May 12, 2021 - filed by Bayer HealthCare LLC. (Blumenfeld, Jack) (Entered: 04/07/2021)

#8

(#8) SUMMONS Returned Executed by Bayer HealthCare LLC. Ecomed Solutions LLC served on 3/22/2021, answer due 4/12/2021. (Smith, Rodger) (Entered: 03/22/2021)

#7

(#7) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,018,363 ;10,060,758 ;7,666,169 ;10,434,249 ;10,894,124 . (Smith, Rodger) (Entered: 03/19/2021)

6 #1

Exs. A-E

#6

(#6) First AMENDED COMPLAINT against Ecomed Solutions LLC- filed by Bayer HealthCare LLC. (Attachments: #1 Exs. A-E)(Smith, Rodger) (Entered: 03/19/2021)

#5

(#5) Summonses Issued (please complete the top portion of the form and print out for use/service). (myr) (Entered: 02/19/2021)

#4

(#4) Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Bayer AG for Bayer HealthCare LLC filed by Bayer HealthCare LLC. (myr) (Entered: 02/19/2021)

#3

(#3) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,018,363 B2 ;10,060,758 B2. (myr) (Entered: 02/19/2021)

#2

(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr) (Entered: 02/19/2021)

1 #2

Civil Cover Sheet

1 #1

Exhibit A-B

#1

(#1) COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Ecomed Solutions LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3532369.) - filed by Bayer HealthCare LLC. (Attachments: #1 Exhibit A-B, #2 Civil Cover Sheet)(myr) (Entered: 02/19/2021)

 

Docket Entries

  • 04/08/2021
  • View Court Documents
  • DocketSO ORDERED, re #9 STIPULATION TO EXTEND TIME for defendant Ecomed Solutions LLC to answer or otherwise respond to the Amended Complaint to May 12, 2021 filed by Bayer HealthCare LLC. Signed by Judge Leonard P. Stark on 4/8/21. (ntl) (Entered: 04/08/2021)

    Read MoreRead Less
  • 04/07/2021
  • View Court Documents
  • Docket(#9) STIPULATION TO EXTEND TIME for defendant Ecomed Solutions LLC to answer or otherwise respond to the Amended Complaint to May 12, 2021 - filed by Bayer HealthCare LLC. (Blumenfeld, Jack) (Entered: 04/07/2021)

    Read MoreRead Less
  • 03/22/2021
  • View Court Documents
  • Docket(#8) SUMMONS Returned Executed by Bayer HealthCare LLC. Ecomed Solutions LLC served on 3/22/2021, answer due 4/12/2021. (Smith, Rodger) (Entered: 03/22/2021)

    Read MoreRead Less
  • 03/19/2021
  • View Court Documents
  • Docket(#7) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,018,363 ;10,060,758 ;7,666,169 ;10,434,249 ;10,894,124 . (Smith, Rodger) (Entered: 03/19/2021)

    Read MoreRead Less
  • 03/19/2021
  • View Court Documents
  • Docket(#6) First AMENDED COMPLAINT against Ecomed Solutions LLC- filed by Bayer HealthCare LLC. (Attachments: #1 Exs. A-E)(Smith, Rodger) (Entered: 03/19/2021)

    Read MoreRead Less
  • 02/24/2021
  • DocketCase Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) (Entered: 02/24/2021)

    Read MoreRead Less
  • 02/19/2021
  • View Court Documents
  • Docket(#5) Summonses Issued (please complete the top portion of the form and print out for use/service). (myr) (Entered: 02/19/2021)

    Read MoreRead Less
  • 02/19/2021
  • View Court Documents
  • Docket(#4) Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Bayer AG for Bayer HealthCare LLC filed by Bayer HealthCare LLC. (myr) (Entered: 02/19/2021)

    Read MoreRead Less
  • 02/19/2021
  • View Court Documents
  • Docket(#3) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,018,363 B2 ;10,060,758 B2. (myr) (Entered: 02/19/2021)

    Read MoreRead Less
  • 02/19/2021
  • View Court Documents
  • Docket(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr) (Entered: 02/19/2021)

    Read MoreRead Less
  • 02/19/2021
  • View Court Documents
  • Docket(#1) COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Ecomed Solutions LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3532369.) - filed by Bayer HealthCare LLC. (Attachments: #1 Exhibit A-B, #2 Civil Cover Sheet)(myr) (Entered: 02/19/2021)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where Bayer HealthCare LLC is a litigant

Latest cases represented by Lawyer Jack B. Blumenfeld

Latest cases represented by Lawyer Rodger Dallery Smith, II