This case was last updated from PACER on 08/30/2021 at 08:38:50 (UTC).

ENDOBOTICS, LLC v. MEDTRONIC , INC. et al

Case Summary

On July 1, 2021, Endobotics, LLC (“Endobotics” or “Plaintiff”), represented by Andrew David Bochner of  Bochner IP PLLC, filed an intellectual property lawsuit against Medtronic, Inc. (“Medtronic”) and Medtronic USA, Inc. (“Medtronic USA”) (collectively, “Medtronic Parties” or “Defendants”), seeking injunctive relief, actual damages, and royalty, among other reliefs, for alleged infringement of patented technology relating to a Surgical Instrument owned by Plaintiff. This case was filed in U.S. District Court in the District of New Jersey with Judge Michael A. Shipp and Judge Lois H. Goodman presiding. 

 

Plaintiff filed this complaint for Defendants’ alleged infringement of Endobotics’ U.S. Patent Nos. 7,147,650 (the “’650 Patent”), 7,648,519 (the “’519 Patent”), 8,083,765 (the “’765 Patent”) and 8,105,350 (the “’350 Patent”) (collectively, the “Endobotics Patents” or Patents-in-Suit”). 

 

Plaintiff, in its complaint, alleged that, “Upon information and belief, Defendants have directly infringed, and continue to directly infringe, literally or under the doctrine of equivalents, individually or jointly, at least claims 1, 10 and 15 by selling, offering for sale, marketing, manufacturing, importing and/or exporting the SILS Devices. Defendants are liable for indirect infringement of the ‘650 Patent because they have induced third parties, to use, sell, offer to sell and/or import the Accused Products.”

 

Plaintiff also alleged that, “The Accused Products include and/or incorporate additional features of claim 1 of the ‘350 Patent, literally or under the doctrine of equivalents. Upon information and belief, Defendants infringe the ‘350 Patent by manufacturing and selling the Accused Products.”

 

Plaintiff has laid down four claims for relief, The first claim alleged is for the infringement of one or more claims of ‘650 Patent, ‘519 Patent, ‘765 Patent and ‘350 Patent. 

 

In its prayer for relief, Plaintiff requested the Court to declare that Defendants have infringed the said patents, award actual damages to Plaintiff; order an accounting of damages and make an award of damages to be paid by Defendants adequate to compensate Endobotics for Defendant’s past willful infringement and any continuing or future infringement up until the date such judgment is entered; and in no event less than a reasonable royalty, including interest, costs and disbursements. Plaintiff further requested the Court to order an injunction for Defendant to continue to pay royalties to Endobotics for infringement of the Endobotics Patents, on a going-forward basis at an increased amount to account for willfulness; treble the damages due to wilful infringement; grant injunction against Defendants; and award costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-13219

  • Filing Date:

    07/01/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Michael A. Shipp

Referral Judge

Lois H. Goodman

 

Party Details

Plaintiff

ENDOBOTICS, LLC

Defendants

MEDTRONIC, INC.

MEDTRONIC USA, INC.

Attorney/Law Firm Details

Plaintiff Attorney

ANDREW DAVID BOCHNER

Attorney at BOCHNER LP

295 Madison Avenue, 12Th Floor

New York, NY 10017

Defendant Attorney

ALAN E. SCHOENFELD

Attorney at WILMER CUTLER PICKERING HALE AND DORR LLP

7 World Trade Center, 250 Greenwich St

New York, NY 10007

 

Court Documents

#1

(#1) COMPLAINT against MEDTRONIC, INC., MEDTRONIC USA, INC. ( Filing and Admin fee $ 402 receipt number ANJDC-12597962) with JURY DEMAND, filed by Endobotics, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Civil Cover Sheet, #8 AO120, #9 Summons)(BOCHNER, ANDREW) (Entered: 07/01/2021)

#8

(#8) ORDER granting Defendants' #7 Motion for Extension of Time to Answer or otherwise respond to Plaintiffs Complaint until 9/01/2021. Signed by Magistrate Judge Lois H. Goodman on 8/03/2021. (jem) (Entered: 08/03/2021)

#7

(#7) MOTION for Extension of Time to File Answer re #1 Complaint, (Unopposed) by MEDTRONIC, INC., MEDTRONIC USA, INC.. (SCHOENFELD, ALAN) (Entered: 07/27/2021)

#6

(#6) NOTICE of Appearance by ALAN E. SCHOENFELD on behalf of MEDTRONIC, INC., MEDTRONIC USA, INC. (SCHOENFELD, ALAN) (Entered: 07/27/2021)

#5

(#5) AFFIDAVIT of Service for Summons and Complaint against Medtronic, Inc. served on Johnnie Myers on 07/12/2021, filed by ENDOBOTICS, LLC. (BOCHNER, ANDREW) (Entered: 07/26/2021)

#4

(#4) AFFIDAVIT of Service for Summons and Complaint against Medtronic, USA, Inc. served on Johnnie Myers on 07/12/2021, filed by ENDOBOTICS, LLC. (BOCHNER, ANDREW) (Entered: 07/26/2021)

#3

(#3) AO120 Patent Form filed. (jal, ) (Entered: 07/01/2021)

#2

(#2) SUMMONS ISSUED as to MEDTRONIC, INC., MEDTRONIC USA, INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jal, ) (Entered: 07/01/2021)

1 #9

Summons

1 #8

AO120

1 #7

Civil Cover Sheet

1 #6

Exhibit

1 #5

Exhibit

1 #4

Exhibit

1 #3

Exhibit

1 #2

Exhibit

1 #1

Exhibit

6 More Documents Available
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Docket Entries

  • 08/03/2021
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  • Docket(#8) ORDER granting Defendants' #7 Motion for Extension of Time to Answer or otherwise respond to Plaintiffs Complaint until 9/01/2021. Signed by Magistrate Judge Lois H. Goodman on 8/03/2021. (jem) (Entered: 08/03/2021)

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  • 07/28/2021
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  • DocketSet Deadlines as to #7 MOTION for Extension of Time to File Answer re #1 Complaint, (Unopposed). Motion set for 9/7/2021 before Magistrate Judge Lois H. Goodman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) (Entered: 07/28/2021)

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  • 07/27/2021
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  • Docket(#7) MOTION for Extension of Time to File Answer re #1 Complaint, (Unopposed) by MEDTRONIC, INC., MEDTRONIC USA, INC.. (SCHOENFELD, ALAN) (Entered: 07/27/2021)

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  • 07/27/2021
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  • Docket(#6) NOTICE of Appearance by ALAN E. SCHOENFELD on behalf of MEDTRONIC, INC., MEDTRONIC USA, INC. (SCHOENFELD, ALAN) (Entered: 07/27/2021)

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  • 07/26/2021
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  • Docket(#5) AFFIDAVIT of Service for Summons and Complaint against Medtronic, Inc. served on Johnnie Myers on 07/12/2021, filed by ENDOBOTICS, LLC. (BOCHNER, ANDREW) (Entered: 07/26/2021)

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  • 07/26/2021
  • View Court Documents
  • Docket(#4) AFFIDAVIT of Service for Summons and Complaint against Medtronic, USA, Inc. served on Johnnie Myers on 07/12/2021, filed by ENDOBOTICS, LLC. (BOCHNER, ANDREW) (Entered: 07/26/2021)

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  • 07/01/2021
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  • Docket(#3) AO120 Patent Form filed. (jal, ) (Entered: 07/01/2021)

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  • 07/01/2021
  • View Court Documents
  • Docket(#2) SUMMONS ISSUED as to MEDTRONIC, INC., MEDTRONIC USA, INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jal, ) (Entered: 07/01/2021)

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  • 07/01/2021
  • DocketJudge Michael A. Shipp and Magistrate Judge Lois H. Goodman added. (jal, ) (Entered: 07/01/2021)

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  • 07/01/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against MEDTRONIC, INC., MEDTRONIC USA, INC. ( Filing and Admin fee $ 402 receipt number ANJDC-12597962) with JURY DEMAND, filed by Endobotics, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Civil Cover Sheet, #8 AO120, #9 Summons)(BOCHNER, ANDREW) (Entered: 07/01/2021)

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