UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION NUtech Ventures Plaintiff v. Norman Noble, Inc.

Defendant. ) ) ) ) ) ) ) )

Case No. __________________

Judge:

COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL To the Honorable Court: Plaintiff NUtech Ventures (NUtech) complains of Defendant Norman Noble, Inc. (Norman Noble) as follows: 1. Nebraska. 2. Ohio. 3. Norman Noble may be served with process by serving its registered agent CT Norman Noble is a for profit corporation organized under the laws of the State of NUtech is a nonprofit corporation organized under the laws of the State of

Corporation System at 1300 E. 9th Street, Cleveland, Ohio 44114-1501. 1

i_4856628v.7

4.

This is a civil action for patent infringement arising under the patent laws of the

United States, 35 U.S.C. 281. 5. This court has jurisdiction over the subject matter of this action pursuant to 28

U.S.C. 1331 and 1338(a). 6. On December 3, 2002, the United States Patent and Trademark Office issued

United States Patent number 6,489,589 (the 589 Patent) entitled Femtosecond Laser Utilization Methods and Apparatus and Method for Producing Nanoparticles to the Board of Regents, University of Nebraska-Lincoln (the University of Nebraska) as assignee of the inventor Dennis R. Alexander. A true and correct copy of the 589 Patent is attached hereto as Exhibit A and incorporated herein. 7. The University of Nebraska assigned all right, title and interest in and to the 589

Patent to NUtech, including claims for damages for past infringement. NUtech is the owner of all right, title and interest in and to the 589 Patent. 8. 9. The 589 Patent is valid and enforceable. The marking requirements of 35 U.S.C. 287(a) are not applicable. The 589

Patent contains only process claims. 10. Norman Noble has been and is infringing, literally and/or under the doctrine of

equivalents, the 589 Patent by using the patented invention within the United States without authority from NUtech. 35 U.S.C. 271(a). 11. Norman Noble has been and is infringing, literally and/or under the doctrine of

equivalents, the 589 Patent by offering to sell and selling within the United States products made by the process claimed in the 589 Patent, including, but not limited to, various femtosecond laser cut stents and medical devices. 35 U.S.C. 271(g). 2
i_4856628v.7

12.

As a direct and proximate result of Norman Nobles acts of patent infringement,

NUtech has been and continues to be injured and has sustained and will continue to sustain substantial damages in an amount not presently known. 13. By reason of Norman Nobles continued infringement of the 589 Patent, NUtech

has been irreparably injured and unless Norman Noble is permanently enjoined and restrained therefrom, NUtech will continue to be so injured. NUtech has no adequate remedy at law. 14. All conditions precedent to NUtechs rights to bring this action and to obtain the

relief requested herein have occurred. WHEREFORE, NUtech prays that judgment be entered against Norman Noble as follows: (1) (2) Patent, (3) awarding damages to NUtech adequate to compensate for Norman Nobles declaring that the 589 Patent is valid and enforceable, declaring that Norman Noble has been and is continuing to infringe the 589

infringement of the 589 Patent, but in no event less than a reasonable royalty for the use made of the invention by Norman Noble, (4) permanently enjoining Norman Noble and its officers, agents, servants,

employees, attorneys, and all other persons in active concert or participation with them who receive actual notice of the judgment by personal service or otherwise from infringing the 589 Patent, (5) alternatively, in the event a permanent injunction is not entered, awarding NUtech

an enhanced royalty rate for Norman Nobles continuing willful infringement of the 589 Patent after a finding of infringement, 3
i_4856628v.7

(6) law, (7) (8)

awarding prejudgment and post judgment interest at the highest rates allowed by

awarding costs of court, and general relief. DEMAND FOR JURY TRIAL

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, NUtech demands a trial by jury of all issues triable of right by a jury in this action.

Respectfully submitted,

s/Craig W. Weinlein Craig W. Weinlein cweinlein@ccsb.com Texas State Bar No. 21095500 Jacob Hill jhill@ccsb.com Texas State Bar No. 24044835 Alexis C. Lantz alantz@ccsb.com Texas State Bar No. 24056574 David J. Diamond ddiamond@ccsb.com Texas State Bar No. 24074134 CARRINGTON, COLEMAN, SLOMAN & BLUMENTHAL, L.L.P. 901 Main Street, Suite 5500 Dallas, Texas 75202 Tel.: (214) 855-3000 Fax: (214) 855-1333 Attorneys for Plaintiff NUtech Ventures

4
i_4856628v.7