Case 2:06-cv SD Document 1-1 Filed 01/10/2006 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA

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1 Case 2:06-cv SD Document 1-1 Filed 01/10/2006 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA SYNERGETICS, INC., CIVIL ACTION Plaintiff, v. Case No. JURY TRIAL DEMANDED PEREGRINE SURGICAL, LTD., and INNOVATECH SURGICAL, INC., Defendants. COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Synergetics, Inc. ( Synergetics, for its Complaint for Patent Infringement against Peregrine Surgical, Ltd. ( Peregrine and Innovatech Surgical, Inc. ( Innovatech (hereinafter, collectively Defendants, asserts as follows: BACKGROUND 1. Synergetics is a corporation with its primary place of business at 3845 Corporate Centre Drive, St. Charles, Missouri. 2. On information and belief, Peregrine is a company that has its principal place of business located in this jurisdiction, at 51 Britain Drive, Doylestown, Pennsylvania On information and belief, Peregrine does business throughout the United States and does business within this judicial district. 3. On information and belief, Innovatech is a company that has its principal place of business at 1000 Atlantic Avenue, Suite 514 Camden, NJ On

2 Case 2:06-cv SD Document 1-1 Filed 01/10/2006 Page 2 of 5 information and belief, Innovatech does business throughout the United States and does business within this judicial district. 4. Synergetics is the owner by assignment of all right, title, and interest in U.S. Patent No. 6,984,230 ( the 230 patent, entitled Directional Laser Probe, attached hereto as Exhibit A. The 230 patent was duly and legally issued on January 10, 2006, and is currently valid and enforceable. JURISDICTION AND VENUE 5. This action arises under the Patent Laws of the United States (Title 35 of the United States Code. 1338(a. 6. Jurisdiction is conferred upon this Court by 28 U.S.C and 7. Defendants are subject to personal jurisdiction in this judicial district. 8. Venue is proper in this district pursuant to 28 U.S.C and 1400(b. COUNT I INFRINGEMENT OF THE 230 PATENT AGAINST PEREGRINE 9. Synergetics incorporates by reference paragraphs 1 through 8 as though fully set forth herein. 10. On information and belief, Peregrine is infringing, inducing others to infringe, and/or contributorily infringing, in the United States and in this District, at least one claim of Synergetics 230 patent. Such infringing activities by Peregrine include making, using, importing, selling, and/or offering to sell products, including the Adjustable Intuitive Probe. These acts are without right, license, or permission from 2

3 Case 2:06-cv SD Document 1-1 Filed 01/10/2006 Page 3 of Peregrine s actions as described herein constitute infringement of at least one claim of Synergetics 230 patent in violation of 35 U.S.C. 271, On information and belief, Peregrine s actions as described herein are willful, wanton, and deliberate and are causing substantial and irreparable damage to 13. On information and belief, Peregrine s infringement, if not enjoined by this Court, will continue to cause substantial and irreparable damage to COUNT II INFRINGEMENT OF THE 230 PATENT AGAINST INNOVATECH 14. Synergetics incorporates by reference paragraphs 1 through 13 as though fully set forth herein. 15. On information and belief, Innovatech is infringing, inducing others to infringe, and/or contributorily infringing, in the United States and in this District, at least one claim of Synergetics 230 patent. Such infringing activities by Innovatech include making, using, importing, selling, and/or offering to sell products, including the Adjustable Intuitive Probe. These acts are without right, license, or permission from 16. Innovatech s actions as described herein constitute infringement of at least one claim of Synergetics 230 patent in violation of 35 U.S.C. 271, On information and belief, Innovatech s actions as described herein are willful, wanton, and deliberate and are causing substantial and irreparable damage to 18. On information and belief, Innovatech s infringement, if not enjoined by this Court, will continue to cause substantial and irreparable damage to 3

4 Case 2:06-cv SD Document 1-1 Filed 01/10/2006 Page 4 of 5 PRAYER FOR RELIEF WHEREFORE, Synergetics respectfully requests this Court to enter a judgment: A. Declaring that Peregrine and Innovatech have willfully infringed and continue to willfully infringe one or more claims of the 230 patent; B. Preliminarily and permanently enjoining Peregrine and Innovatech, including any subsidiaries, agents, officers, employees, directors, licensees, servants, successors, assigns, and all others acting in privity or in concert with them, from making, using, importing, selling, or offering to sell products that fall within the scope of the 230 patent; from actively inducing infringement of the 230 patent; from contributing to infringement of the 230 patent; or from engaging in any other acts of infringement of any of the claims of the 230 patent; C. Awarding Synergetics damages adequate to compensate Synergetics for Defendants infringement of the 230 patent, together with interest; D. Awarding Synergetics treble damages pursuant to 35 U.S.C. 284, and other applicable law, by reason of the willful, wanton, and deliberate nature of Defendants infringement; E. Awarding Synergetics attorneys fees and costs of suit, pursuant to 35 U.S.C. 285, and other applicable law; F. Awarding Synergetics any other relief that this Court deems just and proper. 4

5 Case 2:06-cv SD Document 1-1 Filed 01/10/2006 Page 5 of 5 FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. By: Adam S. Barrist #88645 Joseph H. Blum # Market Street, 26 th Floor Philadelphia, PA ( FAX: ( Attorneys for Plaintiff, Synergetics, Inc. 5