This case was last updated from PACER on 09/16/2021 at 11:22:13 (UTC).

Xiros, Ltd. v. DePuy Synthes, Inc. et al

Case Summary

On June 28, 2021, Plaintiff Xiros, LTD. represented by Cabrach J. Connor and John M. Shumaker of Connor Kudlac Lee PLLC, and Neel Chatterjee of Goodwin Procter LLP filed an intellectual property - patent lawsuit against Depuy Synthes, Inc., Johnson & Johnson, Depuy Orthopaedics, Inc., Medical Device Business Services, Inc., Depuy Synthes Sales, Inc., Waco Orthopedics, Ascension Medical Group Providence Orthopedic And Sports Medicine, Jacob Battle, M.D., And Chad S. Conner, M.D, (collectively, “Defendants”) for alleged patent infringement. This case was filed in the U.S. District Court for the Western District of Texas.

 

In the complaint, the Plaintiff alleges “DePuy manufactures and sells patient-specific surgical systems, known as TruMatch surgical templates, to guide surgical drills and saws during knee replacement surgeries. DePuy manufactures and sells two versions of the TruMatch system: TruMatch Personalized Solutions Resection Guides and TruMatch Solutions Pin Guides (collectively, the “Accused Products”). DePuy is the last listed owner of the TruMatch trademark.”

 

The Plaintiff further alleges “Defendants have infringed, and continue to infringe, the Asserted Patents by making, using, providing, offering to sell, importing, and selling (directly or through intermediaries) the Accused Products in this district and elsewhere in the United States, and by contributing to the infringement of, or inducing others to infringe the Asserted Patents. DePuy has been aware of Xiros’ innovations, patents, and patent applications for over a decade and expressed great interest in Xiros’ technology.”

 

The Plaintiff even further alleges “Between June and August 2007, Leeds tried to negotiate a licensing agreement for the technology disclosed in the ’663 Application. However, DePuy never made a sincere offer to obtain a license, and refused to license the ’663 Application, claiming that Leeds would face “significant barriers” in obtaining a granted patent. Instead of properly licensing the technology, DePuy used the knowledge obtained under protection of the confidentiality agreement to create the competing TruMatch line of products.”

 

The Plaintiff lays down four claims for relief. The first is for alleged infringement of U.S. Patent No. 9,125,674. The second claim is for the alleged infringement of U.S. Patent No. 9,265,51. The third claim is for the alleged infringement of U.S. Patent No. 10,835,265. The final claim is for alleged infringement of U.S. Patent No. 10,835,266.

 

In the prayer for relief, the Plaintiff has requested the Court to enter a judgment holding Defendants liable for infringement of the Asserted Patents; an order enjoining each Defendant, its officers, agents, servants, employees, attorneys and affiliated companies, its assigns and successors in interest, and those persons in active concert or participation with it, from continued acts of infringement of the Asserted Patents; an order awarding Xiros pursuant to 35 U.S.C. § 284 resulting from Defendants’ past, current, and future infringement of the Asserted Patents, together with prejudgment and post-judgment interest; a finding that Defendants’ willfully infringed the patents-in-suit; a declaration that this case is exceptional under 35 U.S.C. § 285, and an award of Xiros’s reasonable attorneys’ fees; and any and all other legal or equitable relief as may be available under law and which the Court may deem proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00681

  • Filing Date:

    06/28/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

Xiros, Ltd.

Defendants

DePuy Synthes Sales, Inc.

Medical Device Business Services, Inc.

DePuy Orthopaedics, Inc.

Jacob Battle, M.D.

Johnson & Johnson

Chad Connor, M.D.

Ascension Medical Group Providence Orthopedic and Sports Medicine

Waco Orthopedics

DePuy Synthes, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

John M. Shumaker

Attorney at Connor Kudlac Lee PLLC

609 Castle Ridge Road, Suite 450

Austin, TX 78746

Cabrach J. Connor

Attorney at Connor Kudlac Lee PLLC

609 Castle Ridge Road, Suite 450

Austin, TX 78746

Michael C. Ting

Attorney at Goodwin Procter LLP

601 Marshall Street

Redwood City, CA 94063

Defendant Attorneys

Charles L. Ainsworth

Attorney at Parker, Bunt & Ainsworth, P.C.

100 East Ferguson, Suite 418

Tyler, TX 75702

Lisa Glasser

Attorney at Irell & Manella LLP

840 Newport Center Drive, Suite 400

Newport Beach, CA 92660

Brian Christopher Nash

Attorney at Pillsbury Winthrop Shaw Pittman LLP

401 Congress Avenue, Suite 1700

Austin, TX 78701-3797

 

Court Documents

#21

(#21) NOTICE of Extension of Time to Respond to First Amended Complaint by Ascension Medical Group Providence Orthopedic and Sports Medicine, Chad Connor, M.D. re #18 Amended Complaint, (Nash, Brian) (Entered: 09/09/2021)

20 #1

Proposed Order

#20

(#20) Unopposed MOTION for Extension of Time to File Answer re #18 Amended Complaint, by Ascension Medical Group Providence Orthopedic and Sports Medicine, Chad Connor, M.D.. (Attachments: #1 Proposed Order)(Nash, Brian) (Entered: 08/10/2021)

19 #1

Proposed Order

#19

(#19) Unopposed MOTION for Extension of Time to File Answer re #18 Amended Complaint, by DePuy Orthopaedics, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: #1 Proposed Order)(Ainsworth, Charles) (Entered: 08/03/2021)

18 #14

Exhibit N

18 #12

Exhibit L

18 #10

Exhibit J

18 #1

Exhibit A

1 #15

Civil Cover Sheet

1 #13

Exhibit M

1 #12

Exhibit L

1 #11

Exhibit K

1 #8

Exhibit H

1 #7

Exhibit G

1 #6

Exhibit F

1 #5

Exhibit E

#1

(#1) COMPLAINT For Patent Infringement ( Filing fee $ 402 receipt number 0542-14961450). No Summons requested at this time, filed by Xiros, Ltd.. (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 Civil Cover Sheet)(Connor, Cabrach) (Entered: 06/28/2021)

52 More Documents Available
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Docket Entries

  • 09/13/2021
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  • DocketText Order MOOTING #20 Motion for Extension of Time to Answer entered by Judge Alan D Albright. Pursuant to the Court's Standing Order and the Notice of Extension of Time (Dkt. No. 21), the Motion is MOOT. As agreed in the Notice of Extension of Time (Dkt. No. 21), Defendant shall have up to and including October 11, 2021 to answer or otherwise respond to Plaintiff's Complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JGlc) (Entered: 09/13/2021)

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  • 09/13/2021
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  • DocketText Order MOOTING #19 Motion for Extension of Time to Answer entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JGlc) (Entered: 09/13/2021)

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  • 09/09/2021
  • DocketReset Deadlines: Ascension Medical Group Providence Orthopedic and Sports Medicine answer due 10/11/2021; Chad Connor, M.D. answer due 10/11/2021. (ir) (Entered: 09/10/2021)

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  • 09/09/2021
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  • Docket(#21) NOTICE of Extension of Time to Respond to First Amended Complaint by Ascension Medical Group Providence Orthopedic and Sports Medicine, Chad Connor, M.D. re #18 Amended Complaint, (Nash, Brian) (Entered: 09/09/2021)

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  • 08/10/2021
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  • Docket(#20) Unopposed MOTION for Extension of Time to File Answer re #18 Amended Complaint, by Ascension Medical Group Providence Orthopedic and Sports Medicine, Chad Connor, M.D.. (Attachments: #1 Proposed Order)(Nash, Brian) (Entered: 08/10/2021)

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  • 08/03/2021
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  • Docket(#19) Unopposed MOTION for Extension of Time to File Answer re #18 Amended Complaint, by DePuy Orthopaedics, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Medical Device Business Services, Inc.. (Attachments: #1 Proposed Order)(Ainsworth, Charles) (Entered: 08/03/2021)

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  • 07/27/2021
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  • Docket(#18) AMENDED COMPLAINT For Patent Infringement against All Defendants amending, filed by Xiros, Ltd.. (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)(Connor, Cabrach) (Entered: 07/27/2021)

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  • 07/27/2021
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  • DocketText Order GRANTING #16 Motion to Appear Pro Hac Vice for Attorney Lisa Glasser for DePuy Synthes, Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jc5) (Entered: 07/27/2021)

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  • 07/27/2021
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  • Docket(#17) NOTICE of Attorney Appearance by Michael C. Ting on behalf of Xiros, Ltd. (Ting, Michael) (Entered: 07/27/2021)

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  • 07/26/2021
  • DocketReset Deadlines: DePuy Orthopaedics, Inc. answer due 9/24/2021; DePuy Synthes Sales, Inc. answer due 9/24/2021; DePuy Synthes, Inc. answer due 9/24/2021; Johnson & Johnson answer due 9/24/2021; Medical Device Business Services, Inc. answer due 9/24/2021. (ls) (Entered: 07/26/2021)

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9 More Docket Entries
  • 06/29/2021
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  • Docket(#8) Summons Issued as to Chad Connor, M.D.. (lad) (Entered: 06/29/2021)

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  • 06/29/2021
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  • Docket(#7) Summons Issued as to DePuy Orthopaedics, Inc.. (lad) (Entered: 06/29/2021)

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  • 06/29/2021
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  • Docket(#6) Summons Issued as to DePuy Synthes, Inc.. (lad) (Entered: 06/29/2021)

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  • 06/29/2021
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  • Docket(#5) Summons Issued as to Jacob Battle, M.D.. (lad) (Entered: 06/29/2021)

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  • 06/29/2021
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  • Docket(#4) Summons Issued as to Ascension Medical Group Providence Orthopedic and Sports Medicine. (lad) (Entered: 06/29/2021)

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  • 06/29/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 06/29/2021)

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  • 06/28/2021
  • DocketCase assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lad) (Entered: 06/29/2021)

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  • 06/28/2021
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  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS by Xiros, Ltd.. (Connor, Cabrach) (Entered: 06/28/2021)

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  • 06/28/2021
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  • Docket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Connor, Cabrach) (Entered: 06/28/2021)

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  • 06/28/2021
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  • Docket(#1) COMPLAINT For Patent Infringement ( Filing fee $ 402 receipt number 0542-14961450). No Summons requested at this time, filed by Xiros, Ltd.. (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 Civil Cover Sheet)(Connor, Cabrach) (Entered: 06/28/2021)

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