This case was last updated from U.S. District Courts on 08/01/2022 at 12:57:35 (UTC).

Magnolia Medical Technologies, Inc. v. Kurin, Inc.

Case Summary

On January 16, 2019, Magnolia Medical Technologies, Inc. (“Plaintiff”), represented by Anthony D. Raucci, Kenneth L. Dorsney and Rodger D. Smith, II of Morris, Nichols Arsht & Tunnell LLP, Douglas E. McCann and Robert M. Oakes of Fish & Richardson, P.C., Alena Farber, Ashok Ramani, Corrin N. Drakulich, David J. Lisson, Kathryn B. Bi, Maria E. Stiteler, Mathias Samuel, Micah G. Block, Philip T. Sheng and Serge A. Voronov, filed an intellectual property lawsuit against Kurin, Inc. (“Defendant”), represented by Allison C. Penfield, Ariella C. Barel, Ctherine Nyarady, Cyndi Claxton, Jacob Zweig, Jennifer Seraphine, Jonathan Hangartner, Joshua Reich, Karen I. Boyd, Louis L. Wai, Nicholas Groombridge, Kelly E. Farnan and Nicole K. Pedi of Richards, Layton & Finger, PA, seeking injunctive relief and declaratory relief along with damages for alleged infringement of the U.S. Patents owned by the plaintiff. This case was filed in the U.S. District Court for the District of Delaware, with Judges Colm F. Connolly and Christopher J. Burke presiding.

The plaintiff filed the complaint for the alleged infringement of the U.S. Patent No. 9,855,001 (the “’001 patent”) and U.S Patent No. 10,028,689 (the “’689 patent”) (collectively, the “Asserted Patents”) owned by the plaintiff.

In the complaint, the plaintiff alleged, “Kurin directly infringes, and/or induces the infringement of, at least claim 1 of the ’001 patent, either literally or under the doctrine of equivalents, by making, using, selling, and/or offering to sell within the United States without authority or license, at least the Kurin Accused Products. Further discovery may reveal additional infringing products.”

Plaintiff further alleged, “Kurin has had knowledge of the ’001 patent and that its activities infringe the ’001 patent since at least the date of the filing of the Complaint.”

The plaintiff then alleged that “Kurin had knowledge and notice of the ’001 patent even earlier. At least as early as December 29, 2016, Kurin had knowledge of the 8,197,420 patent, which was cited as prior art by the examiner during prosecution of a patent application assigned to Kurin. The ’420 patent is the parent patent to the ’001 patent. Kurin also cited the ’420 patent in Information Disclosure Statements submitted during prosecution of applications that eventually issued as U.S. patents in at least January 2017.”

Plaintiff also alleged that “Kurin has indirectly, and is indirectly, infringing at least claim 1 of the ’001 patent in violation of 35 U.S.C. § 271(b), by making, using, offering for sale, and selling at least the Kurin Accused Products in the United States without authority. Kurin induces its customers and/or end-users to infringe one or more claims of the ’001 patent at least by encouraging, instructing, and aiding one or more persons in the United States.”

The plaintiff additionally alleged, “Kurin’s infringement of the ’001 patent has damaged and will continue to damage Magnolia. Magnolia is entitled to recover damages adequate to compensate for Kurin’s infringement.”

Similar allegations have been made by the plaintiff with reference to other Asserted Patents.

Plaintiff presented two claims for relief, each for the alleged infringement of the Asserted Patents.

In the prayer for relief, the plaintiff requested a judgment for declaratory relief and preliminary and permanent injunctive relief along with an award for damages, enhanced damages, including pre- and/or post-judgment interest, costs, and disbursements, expenses and attorneys’ fees.

This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:19-CV-00097

  • Filing Date:

    01/16/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Colm F. Connolly

Referral Judge

Christopher J. Burke

 

Party Details

Plaintiff and Counter Defendant

Magnolia Medical Technologies, Inc.

Defendant and Counter Claimant

Kurin, Inc.

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

Douglas Edward McCann

Attorney at Fish & Richardson, P.C.

222 Delaware Avenue, 17Th Floor, P.O. Box 1114

Wilmington, DE 19899-1114

Rodger Dallery Smith, II

Attorney at Morris, Nichols, Arsht & Tunnell LLP

1201 North Market Street, P.O. Box 1347

Wilmington, DE 19899

Anthony David Raucci

Attorney at Morris, Nichols, Arsht & Tunnell LLP

1201 North Market Street, P.O. Box 1347

Wilmington, DE 19899

Ashok Ramani

Corrin N. Drakulich

David J. Lisson

Katherine D. Prescott

Kathryn B. Bi

Maria Elena Stiteler

Mathias Samuel

Micah G. Block

Philip T. Sheng

Robert M. Oakes

Attorney at Fish & Richardson, P.C.

222 Delaware Avenue, 17Th Floor, P.O. Box 1114

Wilmington, DE 19899-1114

Serge A. Voronov

Defendant and Counter Claimant Attorneys

Kelly E. Farnan

Attorney at Richards, Layton & Finger, PA

One Rodney Square, Suite 600

Wilmington, DE 19801

Catherine Nyarady

Cyndi Claxton

Jacob Zweig

Jennifer Seraphine

Jonathan Hangartner

11 More Attorneys Available

 

Court Documents

#446

DOCUMENT UNAVAILABLE

#445

DOCUMENT UNAVAILABLE

#444

(#444) Phase 2 Admitted Exhibit List. (kmd) (Entered: 07/29/2022)

#443

(#443) PHASE 2 JURY VERDICT. (kmd) (Entered: 07/29/2022)

#442

DOCUMENT UNAVAILABLE

441 #1

Exhibits 1-6

441 #441

Main Document

#429

DOCUMENT UNAVAILABLE

1 #12

Civil Cover Sheet

1 #11

Exhibit K

1 #10

Exhibit J

1 #9

Exhibit I

1 #8

Exhibit H

1 #3

Exhibit C

1 #2

Exhibit B

1 #1

Exhibit A

#1

602 More Documents Available
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Docket Entries

  • 07/29/2022
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  • Docket(#446) [SEALED] Jury Notes. (kmd) (Entered: 07/29/2022)

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  • 07/29/2022
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  • Docket(#445) [SEALED] Jury Attendance List. (kmd) (Entered: 07/29/2022)

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  • 07/29/2022
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  • Docket(#444) Phase 2 Admitted Exhibit List. (kmd) (Entered: 07/29/2022)

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  • 07/29/2022
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  • Docket(#443) PHASE 2 JURY VERDICT. (kmd) (Entered: 07/29/2022)

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  • 07/29/2022
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  • Docket(#442) [SEALED] PHASE 2 JURY VERDICT. (kmd) (Entered: 07/29/2022)

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  • 07/28/2022
  • DocketMinute Entry for proceedings held before Judge Colm F. Connolly - Jury Trial completed on 7/28/2022. (Court Reporter Bonnie Archer.)(DAY 5) (nmf) (Entered: 07/28/2022)

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  • 07/28/2022
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  • Docket(#441) REDACTED VERSION of #430 Declaration of Micah G. Block by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibits 1-6)(Raucci, Anthony) (Entered: 07/28/2022)

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  • 07/28/2022
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  • Docket(#440) REDACTED VERSION of #429 Response to Motion for Leave to Supplement Opening Report of Dr. Antonsson by Magnolia Medical Technologies, Inc.. (Raucci, Anthony) (Entered: 07/28/2022)

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  • 07/27/2022
  • DocketMinute Entry for proceedings held before Judge Colm F. Connolly - Jury Trial held on 7/27/2022. (Court Reporter Bonnie Archer.)(DAY 4) (nmf) (Entered: 07/28/2022)

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  • 07/27/2022
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  • Docket(#439) REDACTED VERSION of #428 Declaration by Kurin, Inc.. (Attachments: #1 Exhibit A-D)(Pedi, Nicole) (Entered: 07/27/2022)

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523 More Docket Entries
  • 03/11/2019
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  • Docket(#6) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,855,001 ;US 10,028,689 ;US 10,039,483 ;US 10,220,139 . (McCann, Douglas) (Entered: 03/11/2019)

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  • 03/11/2019
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  • DocketPATENT REPORT NOTICE: Please note that if patents are being added to this case (D.I. #5 ), the filing party should complete the Report to Commissioner of Patents & Trademarks, and enter it on the docket using the PATENT/TRADEMARK REPORT event in the OTHER DOCUMENT list. The patent report form can be found at www.ded.uscourts.gov under the Clerk's Office FORMS button. (fms) (Entered: 03/11/2019)

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  • 03/08/2019
  • DocketSummons Issued with Magistrate Consent Notice attached as to Kurin, Inc. on 3/8/2019. (lak) (Entered: 03/08/2019)

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  • 03/07/2019
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  • Docket(#5) First AMENDED COMPLAINT against Kurin, Inc.- filed by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T)(McCann, Douglas) (Attachment 4 replaced on 3/11/2019) (fms). (Entered: 03/07/2019)

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  • 01/23/2019
  • DocketCase Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) (Entered: 01/23/2019)

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  • 01/17/2019
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  • Docket(#4) Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Magnolia Medical Technologies, Inc.. (McCann, Douglas) (Entered: 01/17/2019)

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  • 01/17/2019
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  • Docket(#3) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,855,001 ;US 10,028,689 . (McCann, Douglas) (Entered: 01/17/2019)

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  • 01/17/2019
  • DocketNo Summons Issued. (nmg) (Entered: 01/17/2019)

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  • 01/16/2019
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  • Docket(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) (Entered: 01/17/2019)

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  • 01/16/2019
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  • Docket(#1) COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Kurin, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2546273.) - filed by Magnolia Medical Technologies, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Civil Cover Sheet)(nmg) (Entered: 01/17/2019)

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