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1676876.

v1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

ALLEN MEDICAL SYSTEMS, INC. )
)
Plaintiff, ) JURY TRIAL DEMANDED
)
v. )
) Case No.
ROBERT H. KAPLAN ASSOCIATES, )
INC., d/b/a DAVID SCOTT COMPANY )
)
Defendant. )
)


COMPLAINT
Plaintiff Allen Medical Systems, Inc. (Allen), by its attorneys, for its Complaint against
Defendant Robert H. Kaplan Associates, Inc., d/b/a David Scott Company (DSC), states as
follows:
PARTIES AND JURISDICTION
1. Allen is a corporation organized and existing under the laws of the state of
Indiana, with its principal place of business at 100 Discovery Way, Acton, Massachusetts 01720.
Allen has been an industry leader in patient positioning technology for the past thirty years,
notably in surgical positioners and positioners for patient recovery. Allen maintains a
comprehensive portfolio of intellectual property covering its technology.
2. Upon information and belief, Robert H. Kaplan Associates, Inc. is a corporation
organized and existing under the laws of the Commonwealth of Massachusetts with its principal
place of business at 9 Fountain Street, Framingham, Massachusetts 01702. Robert H. Kaplan
Associates, Inc. does business under the trade name David Scott Company.

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3. This action arises under the United States patent laws, 35 U.S.C. 101, et seq.
This Court has subject matter jurisdiction pursuant to 35 U.S.C. 271 and 281, and 28 U.S.C.
1331 and 1338.
4. This Court has personal jurisdiction over DSC because DSC is incorporated and
does business in the Commonwealth of Massachusetts and markets and sells its products,
including those at issue in this Complaint, in this judicial district.
5. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b) and (c)
because a substantial part of the events and actions giving rise to the claims occurred in this
jurisdiction and because DSC or its agents are subject to personal jurisdiction in this jurisdiction.
BACKGROUND
6. On May 8, 2001, U.S. Patent No. 6,226,820 (the 820 Patent) entitled Gel Pad
with Integral Shape Retainer, was duly and legally issued to Richard Navarro. A true and
correct copy of the 820 Patent is attached to this Complaint as Exhibit A.
7. Allen is the owner by assignment of all legal rights, title, and interest in and to the
820 Patent.
8. When Allen launched a surgical positioner known as the Hug-U-Vac positioner in
2012, DSC proceeded to develop and launch a directly competing product using the technology
claimed in the 820 patent, as set forth in greater detail below.
COUNT I
Infringement of U.S. Patent No. 6,226,820

9. Allen realleges and incorporates by reference the allegations contained in the
preceding paragraphs as though fully set forth herein.

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10. Upon information and belief, DSC has infringed and continues to infringe at least
claims 1-4, 9, and 10 of the 820 patent (the 820 Asserted Claims) by, without Allens
authority, making, using, selling, or offering to sell surgical positioners that embody the patented
inventions of the 820 Patent, and will continue to do so unless enjoined by this Court.
11. DSC has manufactured, sold and offered for sale a surgical positioner known as
The Butterfly
TM
surgical positioner (the DSC product). According to DSCs marketing
materials, the DSC product is intended to be an aid in securing patients when steep
trendelenburg [surgical positioning] is required.
12. Claims 1-4 of the 820 patent are directed to gel pads comprising (1) a flexible
inner wall; (2) a flexible first outer wall cooperating with said inner wall to form a first chamber;
(3) gel located within said first chamber; (4) a flexible second outer wall cooperating with said
inner wall to form a second chamber coextensive with said first chamber; and (5) an integral
shape retainer located within said second chamber and selectively adjustable between a flexible
condition wherein said flexible walls are conformable to a variety of desired shapes and a rigid
condition wherein said flexible walls are retained in a selected one of the desired shapes, wherein
said shape retainer includes a plurality of beads located within said second chamber and a valve
selectively providing fluid- flow communication with the second chamber.
13. The DSC product has each of these elements. The DSC product is a gel pad with
a gel chamber, flexible walls, a second chamber containing beads, and a valve. When suction is
applied to the valve, air is removed from the second chamber and the gel pad becomes rigid.
When air is allowed to reenter the valve, the gel pad becomes flexible.
14. Claims 9-10 of the 820 patent are directed to gel pads comprising: (1) a flexible
inner wall; (2) a flexible first outer wall cooperating with said inner wall to form a first chamber;

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(3) gel located within said first chamber; (4) a flexible second outer wall cooperating with said
inner wall to form a second chamber coextensive with said first chamber; and (5) a means for
selectively retaining said walls in a selected one of a variety of desired shapes; (6) wherein said
shape retainer means includes a plurality of beads located within said second chamber and a
valve selectively providing fluid-flow communication with the second chamber.
15. The DSC product, as described in paragraph 13, has each of these elements.
16. The DSC product has each and every element of the 820 Asserted Claims, and
DSC accordingly directly infringes the 820 Asserted Claims by manufacturing, selling, and
offering for sale the DSC product. Additionally, DSC induces its customers to infringe the 820
Asserted Claims by, with actual knowledge of the patent, selling the DSC product and instructing
its customers in use of the DSC product. DSC accordingly indirectly infringes the 820 Asserted
Claims.
17. DSC has had actual knowledge of the 820 Patent since at least May of 2011, and
has continued its infringement unabated. Such willful and deliberate infringement justifies an
increase of up to three times the damages to be assessed pursuant to 35 U.S.C. 284 and further
qualifies this action as an exceptional case supporting an award of reasonable attorneys fees
pursuant to 35 U.S.C. 285.
18. Upon information and belief, DSC has caused or will cause, by its infringing
conduct, irreparable harm to Allen for which there is no adequate remedy at law.
19. As a result of DSCs actions, Allen has suffered and continues to suffer
substantial injury, including damages including loss of sales and profits that Allen would have
made but for the infringement by DSC.

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PRAYER FOR RELIEF
WHEREFORE, Allen requests that judgment be granted in its favor and against DSC and
that this Court award it the following relief:
(a) Enter judgment that DSC has infringed the 820 Patent;
(b) Permanently and preliminarily enjoin DSC and its officers, agents, servants,
employees, attorneys, and those in active concert or participation with them who receive actual
notice of the Order, from manufacturing, using, selling and/or offering for sale products which
infringe the 820 Patent;
(c) Enter judgment and issue an Order requiring DSC to pay damages to Allen under
35 U.S.C. 284, together with costs and prejudgment and post-judgment interest;
(d) Enter judgment that DSCs infringement was willful and issue an Order requiring
DSC to pay enhanced damages pursuant to 35 U.S.C. 284;
(e) Adjudge and decree this case exceptional under 35 U.S.C. 285 and award Allen
its costs and reasonable attorneys fees; and
(f) An award of any other relief, in law and in equity, to which the Court finds Allen
is justly entitled.
JURY DEMAND
Allen hereby demands a trial by jury on all issues as to which jury trial by jury is
appropriate.
August 4, 2014 /s/ John D. Hamann
John D. Hamann
(BBO# 568642)
HAMILTON, BROOK, SMITH & REYNOLDS
155 Seaport Blvd.
Boston, MA 02210
617-607-5900 tel. / 978-341-0136 fax
John.Hamann@hbsr.com

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Stephen M. Hankins (Pro hac vice pending)
SCHIFF HARDIN LLP
One Market
Spear Street Tower, Thirty-Second Floor
San Francisco, CA 94105
415-901-8700 tel.
415-901-8701 fax
shankins@schiffhardin.com

A. Taylor Corbitt (Pro hac vice pending)
Nimita L. Parekh (Pro hac vice pending)
SCHIFF HARDIN LLP
233 S. Wacker Drive, Suite 6600
Chicago, Illinois 60606
312-258-5500 tel.
312-258-5600 fax
tcorbitt@schiffhardin.com
nparekh@schiffhardin.com

Counsel for Plaintiff
ALLEN MEDICAL SYSTEMS, INC.