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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
Laerdal Medical Corp. and Laerdal Medical AS
Plaintiffs,
v.
Tellyes Scientific; Simulative LLC; and AlereUSA, LLC
Defendants.
Civil Action No. _________________
JURY TRIAL DEMANDED
COMPLAINT FOR PATENT INFRINGEMENT,
DECLARATORY AND INJUNCTIVE RELIEF
Laerdal Medical Corp. and Laerdal Medical AS, collectively referred to as
Plaintiffs or Laerdal demand a jury trial and complain against Tellyes Scientific Co., Ltd.
(Tellyes), Simulative LLC (Simulative) and Alere USA, LLC (a.k.a. Alere Simulations)
(Alere), collectively referred to as Defendants, as follows:
THE PARTIES
1. Plaintiff Laerdal Medical Corp. is a corporation organized under the laws of theState of New York, and having a place of business at 167 Myers Corners Rd., Wappingers Falls,
NY 12590.
2. Plaintiff Laerdal Medical Corp. is a subsidiary of Plaintiff Laerdal Medical AS, aNorway-based global company with offices worldwide, having a business address at 30 Tanke
Svilandsgte, P.O. Box 377, Stavanger, Norway N-4002.
3. Upon information and belief, Defendant Tellyes is a Chinese corporation, havingits corporate headquarters at 18 West Hai Tai Road, West 6
thBuilding, 3
rdfloor, Tianjin, China,
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Postcode 300384, and also conducting business at 88 Jian Guo Road, Chaoyand District, Bejing,
China, Postcode 100020.
4. Upon information and belief, Defendant Simulative, is a corporation organizedunder the laws of the State of Florida and having a place of business at 5104 N. Lockwood Ridge
Road, suite 102, Sarasota, FL 34234.
5. Upon information and belief, Defendant Alere, is an entity having a place ofbusiness at 6574 N. State Road 7, Suite 228, Coconut Creek, FL 33073.
6. Upon information and belief Defendants Simulative and Alere sell, offer to sell,distribute, market, test and/or import into the United States of America Defendant Tellyess
infringing products and devices.
JURISDICTION AND VENUE
7. This action arises under the patent laws of the United States of America, Title 35of the United States Code. This Court has subject matter jurisdiction of this action under 28
U.S.C. 1331, 1338(a) and (b), 15 U.S.C. 1121 (Lanham Act) and supplemental jurisdiction
under 28 U.S.C. 1367.
8. Upon information and belief, Defendant Tellyes does business and is committinginfringements in this judicial district. Defendant Tellyes is subject to personal jurisdiction in this
judicial district by making, using, advertising, marketing, testing, selling, offering to sell and
importing infringing products within this judicial district, either directly and/or through
Defendants Simulative and Alere.
9. Upon information and belief, Defendants Alere and Simulative each have regularand established places of business in this judicial district, and are each committing acts of
infringement within this judicial district.
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10. Personal jurisdiction over each of Defendants in this judicial district is thusproper.
11. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391, includingwithout limitation 28 U.S.C. 1391(c)(3), and 1400(b).
THE LAERDAL 674 PATENT
12. Laerdal repeats and incorporates herein the entirety of the allegations contained inthe foregoing paragraphs.
13. On March 26, 2013, U.S. Patent No. 8,403,674 (hereinafter referred to as theLaerdal674 Patent) was duly and legally issued to David Feygin and Chih-Hao Ho for an
invention entitled Vascular-Access Simulations System with Ergonomic Features. Laerdal is
the owner by assignment of all right, title and interest in the Laerdal 674 Patent in the United
States of America.
14. The Laerdal 674 Patent pertains to simulation devices and systems for allowingmedical professionals and students to practice vascular-access procedures without using human
subjects, but maintaining a closely realistic simulation of the actual vascular-access procedures
conducted on human beings. A copy of the Laerdal 674 Patent is attached hereto asEx. 1.
THE LAERDAL 787 PATENT
15. Laerdal repeats and incorporates herein the entirety of the allegations contained inthe foregoing paragraphs.
16. On October 20, 1998, U.S. Patent No. 5,823,787 (hereinafter referred to as theLaerdal787 Patent) was duly and legally issued to Rene M. Gonzalez and John J. Schaefer III
for an invention entitled Training Mannequin for Management of Normal and Abnormal
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Airways. Laerdal is the owner by assignment and/or an exclusive licensee of all right, title and
interest in the Laerdal 787 Patent in the United States of America.
17. The Laerdal 787 Patent pertains to simulation devices and systems for medicalprofessionals and students to practice advanced emergency airway (respiratory tract)
management that simulates both anatomically normal and abnormal or difficult airways that may
happen in real emergency conditions with human patients. A copy of the Laerdal 787 Patent is
attached hereto asEx. 2.
COUNT ONE INFRINGEMENT OF THE 674 PATENT
18. Laerdal repeats and incorporates herein the entirety of the allegations contained inthe above paragraphs.
19. Defendants Tellyes, Simulative and Alere have been and still are directlyinfringing the Laerdal 674 Patent by, among other things, using, advertising, marketing, testing,
selling, offering to sell and importing the Victor IV and/or other infringing products made and
distributed by Tellyes within the State of Florida and the United States of America, either
directly or through the actions of Defendants Simulative and Alere.
20. Among other things, Defendant Tellyes operates an English-language ecommercewebsite at http://en.tellyes.com. On its website, Defendant Tellyes offers to sell its Victor IV
and/or other infringing products to any person or entity in the United States of America and the
State of Florida through Defendant Alere, who is identified as Tellyess distributor in the United
States of America. Copies of selected printouts from the Defendant Tellyess website and
Defendant Aleres website are attached hereto asEx. 3.
21. On information and belief, Defendant Tellyes offers to sell its Victor IV and/orother infringing products to any person or entity in the United States of America and the State of
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Florida through Defendant Simulative.
22. Among other things, on August 8-9, 2013, Defendant Tellyes has marketed,imported, offered to sell and/or sold its infringing Victor IV and/or other infringing products at
the FIME 2013 exposition, which took place at the Miami Beach Convention Center, Florida.
23. On information and belief, in January of 2013, Defendant Tellyes has marketed,imported, offered to sell and/or sold its infringing Victor IV and/or other infringing products at
the IMSH 2013 exposition, which took place in Orlando, Florida.
24. Defendant Tellyes offers to support and maintain its infringing Victor IV and/orother infringing products sold, offered for sale or marketed in the United States of America
through the Internet and Customer Support services on the Defendant Tellyess website.
25. Defendants Simulative and Alere have been and still are directly infringing theLaerdal 674 Patent by, among other things, using, advertising, marketing, importing, testing,
selling and offering to sell the Victor IV and/or other infringing products made and/or distributed
by Defendant Tellyes in the State of Florida and the United States of America.
26. Laerdal alleges that the Tellyes Victor IV and other similar products of DefendantTellyes infringe at least claims 17, 18, 21 and 26 of the Laerdal 674 Patent. Laerdal believes
that discovery will reveal that Defendants are infringing additional claims of the Laerdal 674
Patent.
27. Laerdal has been damaged by Defendants infringement of the Laerdal 674Patent and will be irreparably harmed unless such infringing activities are enjoined by this Court.
COUNT TWO INFRINGEMENT OF THE 787 PATENT
28. Laerdal repeats and incorporates herein the entirety of the allegations contained inthe above paragraphs.
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29. Defendants Tellyes, Simulative and Alere have been and still are directlyinfringing the Laerdal 787 Patent by, among other things, using, advertising, marketing, testing,
selling, offering to sell and importing Defendant Tellyess Victor ICU, Rescue Angel and/or
other infringing products made and distributed by Tellyes within the State of Florida and the
United States of America, either directly or through the actions of Defendants Simulative and
Alere.
30. Among other things, Defendant Tellyes operates an English-language ecommercewebsite at http://en.tellyes.com. On its website, Defendant Tellyes offers to sell its Victor ICU,
Rescue Angel and/or other infringing products to any person or entity in the United States of
America and the State of Florida through Defendant Alere, who is identified as Tellyess
distributor in the United States of America. Copies of selected printouts from Defendant
Tellyess website and Defendant Aleres website are attached hereto asEx. 3.
31. On information and belief, Defendant Tellyes offers to sell its Victor ICU, RescueAngel and/or other infringing products to any person or entity in the United States of America
and the State of Florida through Defendant Simulative.
32. On information and belief, on August 8-9, 2013, Defendant Tellyes has marketed,imported, offered to sell and/or sold its infringing Victor ICU, Rescue Angel and/or other
infringing products at the FIME 2013 exposition, which took place at the Miami Beach
Convention Center, Florida.
33. On information and belief, in January of 2013, Defendant Tellyes has marketed,imported, offered to sell and/or sold its infringing Victor ICU, Rescue Angel and/or other
infringing products at the IMSH 2013 exposition, which took place in Orlando, Florida.
34. Defendant Tellyes offers to support and maintain its infringing Victor ICU,
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Rescue Angel and/or other infringing products sold, offered for sale or marketed in the United
States of America through the Internet and Customer Support services on Defendant Tellyess
website.
35. Defendants Simulative and Alere have been and still are directly infringing theLaerdal 787 Patent by, among other things, using, advertising, marketing, importing, testing,
selling and offering to sell the Victor ICU, Rescue Angel and/or other infringing products made
and/or distributed by Defendant Tellyes in the State of Florida and the United States of America.
36. Laerdal alleges that Defendant Tellyess Victor ICU, Rescue Angel and othersimilar products infringe at least claim 1 of the Laerdal 787 Patent. Laerdal believes that
discovery will reveal that Defendants are infringing additional claims of the Laerdal 787 Patent.
37. Laerdal has been damaged by Defendants infringement of the Laerdal 787Patent and will be irreparably harmed unless such infringing activities are enjoined by this Court.
COUNT THREE - COPYRIGHT INFRINGEMENT
38. Laerdal repeats and incorporates herein the entirety of the allegations contained inthe above paragraphs.
39. Laerdal created literature that is used to describe one or more products made byLaerdal (hereinafter the Laerdal Literature). The Laerdal Literature is unique and creative,
and entitled to copyright protection.
40. Among others, Laerdal Literature includes information, description andphotographs of Laerdals products on Laerdals website, product catalogs and product
description manuals.
41. The Laerdal Literature is protected by registered copyrights owned by Laerdal,
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including without limitation Copyright Registrations duly issued by the United States Copyright
Office and attached hereto asEx. 4.
42. The Copyright Registrations owned by Laerdal include without limitationcopyrights for the following: (a) photographs, text and images of the Laerdal Advanced Trauma
Modules (copyrights, selected portions of the deposit materials and Web pages are attached
hereto asEx. 4A); (b) photographs, text and images of the Laerdal Baby Stap manikin product
(copyright, selected portions of the deposit materials and images are attached hereto asEx. 4B);
(c) text and images in the Laerdal Product Catalogs for 2004 (copyright and selected portions of
the deposit materials are attached hereto asEx. 4C); (d) text and images in the Laerdal Product
Catalogs for 2000 (copyright and selected portions of the deposit materials are attached hereto as
Ex. 4D); (e) text and images in the Laerdal Multi-Venuous Arm Manual and text and images in
the prior version of the manual (copyrights and selected portions of the deposit materials are
attached hereto asEx. 4E); (f) text and images in the Laerdal Nursing Kelly Manual and text and
images in the prior version of the manual (copyrights and selected portions of the deposit
materials are attached hereto asEx. 4F); and (g) text and images in the Laerdal Nursing Anne
Manual and text and images in the prior version of the manual (copyrights and selected portions
of the deposit materials are attached hereto asEx. 4G).
43. Upon information and belief, Defendant Tellyes had access to the LaerdalLiterature, and copied the Laerdal Literature to produce its own literature, for Defendant
Tellyess products. Copies of selected pages of some of the infringing Tellyess product
literature (Tellyes Literature) are attached hereto asEx. 5.
44. Defendant Tellyes makes, imports, distributes and/or sells unauthorized copies ofthe Laerdal Literature, or parts thereof, as the Tellyes Literature in the United States of America
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and the State of Florida, all in violation of Laerdals valuable copyright rights.
45. The Tellyes Literature used for Defendant Tellyess own products is anunauthorized and unlicensed reproduction of Laerdals Literature.
46. Laerdal has never authorized or otherwise permitted, either directly or indirectly,expressly or by implication, Defendant Tellyes to make reproductions, copies, make derivative
works, or utilize in any other way the copyrights covering Laerdals Literature with any of
Defendant Tellyess products that are sold, marketed, distributed and imported into the United
States of America, either directly or indirectly by Defendant Tellyes.
47. Laerdals copyrights on and for the Laerdal Literature comprise in whole or inpart, wholly original works of authorship that are copyrightable subject matter under the
copyright laws of the United States of America, 17 U.S.C. 101, et seq. Laerdal has complied
in all respects with the laws governing copyright and has secured the rights and privileges in, to
the copyrightable subject matter for the Laerdal Literature.
48. Tellyess infringing activities are done in violation of Laerdals exclusive rightsin the copyright(s) covering the Laerdal Literature.
49. On information and belief, Defendants Tellyes, Alere, and Simulative havereproduced, imported, sold, made derivative works, offered for sale and/or distributed, either
directly or indirectly, the Tellyes Literature in violation of Laerdals exclusive rights and
copyrights, including without limitation rights under 17 U.S.C. 106.
50. Upon information and belief, as a direct and proximate result of the DefendantTellyess wrongful and infringing conduct, Defendant Tellyes has realized and continues to
realize profits and other benefits rightfully belonging to Laerdal.
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51. As a result of Defendant Tellyess unlawful conduct, Laerdal has suffered andwill continue to suffer damages.
52. Defendant Tellyess infringing activities, including the continued, unauthorizedreproduction of Laerdals copyrights, and sale, marketing and distribution of infringing Tellyes
Literature are causing and will cause Laerdal irreparable harm.
COUNT FOUR TRADE DRESS INFRINGEMENT
(Lanham Act, 15 U.S.C. 1125)
53. Laerdal repeats and incorporates herein the entirety of the allegations contained inthe above paragraphs.
54. Plaintiff Laerdal Medical Corp. is a U.S. subsidiary of Plaintiff Laerdal MedicalAS, a major worldwide manufacturer of the medical training products and manikins, based in
Stavanger Norway. Both Plaintiffs use the name Laerdal for their products and affiliated
companies. Laerdal and its other related Laerdal-affiliated entities are among the oldest and
most well-recognized manufacturers and distributors of the medical training products and
manikins worldwide, including the United States of America.
55. Laerdal spends millions of dollars on advertising and marketing of its medicalproducts and manikins, and its products are well recognized by the relevant public and medical
community for their distinctive features, realistic simulation and aesthetic quality.
A. Trade Dress for the Laerdal SimMan 3G Manikins56. Among other medical training products and manikins, Laerdal developed a
creative original design and distinct aesthetic look for use with its SimMan 3G products, a line
of realistic patient simulator manikins for emergency and ICU conditions. This product line is
marketed on Laerdals Web page at www.laerdal.com/doc/85/SimMan-3G . An image showing this
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product is attached hereto asEx. 6.
57. Through Laerdals advertising, marketing, and sales efforts, the LaerdalSimMan 3G line of manikin products has become well known to relevant consumer audiences
as an indication that it originates exclusively from Laerdal and/or its affiliated entities.
58. It is used in the U.S. commerce and it utilizes non-functional trade dress, which isinherently distinctive and/or has acquired secondary meaning in the trade and among the relevant
consuming public as a symbol identifying Laerdal and/or its affiliated entities as the source.
59. The trade dress for the Laerdal SimMan 3G line of manikin products ischaracterized by and includes, without limitation, the distinctive body type and size of the
manikin, choice of clothing, facial features and positioning of the head, mouth and body parts,
and the type of plastic or resilient materials used for the skin imitation.
60. Defendant Tellyes is unfairly competing with Laerdal by adopting an infringingtrade dress from Laerdals SimMan 3G line of manikin products to Defendant Tellyess
competing line of full body manikins, which Tellyes is believed to have marketed and/or sold,
either directly or through other Defendants, and continues to sell and offer to sell in the United
States of America under the name Victor ICU Adult manikins. A copy of the Tellyes product
information and price quote for the Tellyes Victor ICU Adult manikins is attached hereto asEx.
6.
61.
Upon information and belief, the Tellyes Victor ICU Adult manikins are made
available by Tellyes in the United States of America either directly on Tellyess website at
http://en.tellyes.com/product/4fa4934b025bf.html and/or through other Defendants.
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B. Trade Dress for the Laerdal Mega Code Kelly Full-Body Manikins
62. Among other medical training products and manikins, Laerdal developed acreative original design and distinct aesthetic look for use with its Mega Code Kelly products, a
line of full-body manikins for the practice of advanced, difficult and obstructed airway medical
situations and IV therapy. This product line is marketed on Laerdals website at
www.laerdal.com/us/doc/199/MegaCode-Kelly. An image showing this product is attached
hereto asEx. 7.
63. Through Laerdals advertising, marketing, and sales efforts, the Laerdal MegaCode Kelly line of manikin products has become well known to relevant consumer audiences as
an indication that it originates exclusively from Laerdal and/or its affiliated entities.
64. It is used in the U.S. commerce and utilizes non-functional trade dress, which isinherently distinctive and/or has acquired secondary meaning in the trade, and among the
relevant consuming public, as a symbol identifying Laerdal and/or its affiliated entities as the
source.
65. The trade dress for the Laerdal Mega Code Kelly line of manikin products ischaracterized by and includes, without limitation, the distinctive body type and size of the
manikin, choice of clothing, facial features and positioning of the head, mouth and body parts,
and the type of plastic or resilient materials used for the skin imitation.
66.
Defendant Tellyes is unfairly competing with Laerdal by adopting an infringing
trade dress from Laerdals Mega Code Kelly line of manikin products to Defendant Tellyess
competing line of full body manikins, which Tellyes is believed to have marketed and/or sold,
either directly or through other Defendants, and continues to sell and offer to sell in the United
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States of America under the name Tellyes Rescue Angel. A copy of the Tellyes product
information and a price quote for the Tellyes Rescue Angel products are attached hereto asEx. 7.
67. Upon information and belief, the Tellyes Rescue Angel products are madeavailable by Tellyes in the United States of America either directly on Tellyess website at
http://en.tellyes.com/product/4fa101d908543.html and/or through other Defendants.C. Trade Dress for the Laerdal Trauma Modules
68. Laerdal also developed a creative original design and distinct aesthetic look for acollection of advanced trauma body part modules, for use with Laerdals manikins. Laerdals
Trauma Modules provide the required realism and imitation of various traumas to different body
parts that a doctor or nurse might encounter in the emergency situation. These Trauma Modules
are marketed on Laerdals website as Advanced Trauma Modules at
http://www.laerdal.com/us/doc/787/Advanced-Trauma-Modules, Trauma Module Set at
http://www.laerdal.com/us/item/276-10001 and MegaCode Trauma Module Set at
http://www.laerdal.com/us/item/381500. The images showing these products are attached hereto
asEx. 9.
69. Through Laerdals advertising, marketing, and sales efforts, the LaerdalAdvanced Trauma Modules, Trauma Module Set and MegaCode Trauma Module Set products
have become well known to relevant consumer audiences as an indication that they originate
exclusively from Laerdal and/or its affiliated entities.
70. It is used in the U.S. commerce and utilizes non-functional trade dress, which isinherently distinctive and/or has acquired secondary meaning in the trade and among the relevant
consuming public as a symbol identifying Laerdal and/or its affiliated entities as the source of its
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products.
71. The trade dress for Laerdals Trauma Module products discussed above ischaracterized by and includes, without limitation, the distinctive shape of the body parts, color
and paint used on different body parts, color combination for various parts, side and back cut out
lines, selection, placement and location of various artistic representations of different trauma
conditions on different body types and type of plastic or resilient materials used for the modules.
72. Defendant Tellyes is unfairly competing with Laerdal by adopting an infringingtrade dress from Laerdals Advanced Trauma Modules, Trauma Module Set and MegaCode
Trauma Module Set products to Defendant Tellyess competing line of its own trauma modules,
which Tellyes is believed to have marketed and/or sold, either directly or through other
Defendants, and continues to sell and offer to sell in the United States of America under the
name Advanced Trauma Modules. A copy of the Tellyes product information and a price
quote for the Tellyes Advanced Trauma Modules are attached hereto asEx. 9.
73. Upon information and belief, the Tellyes Advanced Trauma Modules are madeavailable by Tellyes in the United States of America either directly on Tellyess website at
http://en.tellyes.com/product/4fc3479b4d93f.html and/or through other Defendants.
D. Trade Dress for the Laerdal Infant Airway Management Trainer Products
74. Furthermore, Laerdal developed a creative original design and distinct aestheticlook for use with Laerdal Infant Airway Management Trainer products, a line of realistic 3-
month-old infant manikins for teaching and practicing basic and advanced airway management
skills. This product line is marketed on Laerdals website at
http://www.laerdal.com/us/doc/93/Laerdal-Infant-Airway-Management-Trainer. An image
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showing this product is attached hereto asEx. 8.
75. Through Laerdals advertising, marketing, and sales efforts, the Laerdal InfantAirway Management Trainer line of products has become well known to relevant consumer
audiences as an indication that it originates exclusively from Laerdal and/or its affiliated entities.
76. It is used in the U.S. commerce and utilizes non-functional trade dress, which isinherently distinctive and/or has acquired secondary meaning in the trade and among the relevant
consuming public as a symbol identifying Laerdal and/or its affiliated entities as the source of its
products.
77. The trade dress for the Laerdal Infant Airway Management Trainer products ischaracterized by and includes, without limitation, the distinctive shape and position of the head
and the back board, the facial features of the manikin, mouth opening, size and arbitrary age
associated with the manikin, the types of accessories for the use with the manikin, and the type
of plastic or resilient materials used for the skin and tissue imitation.
78. Defendant Tellyes is unfairly competing with Laerdal by adopting an infringingtrade dress from Laerdal Infant Airway Management Trainer products to Defendant Tellyess
competing line of Tellyes manikins, which Tellyes is believed to have marketed and/or sold,
either directly or through other Defendants, and continues to sell and offer to sell in the United
States of America under the name Neonate Airway Management Trainer. A copy of the
Tellyes product information and a price quote for Tellyess Neonate Airway Management
Trainer products are attached hereto asEx. 8.
79. Upon information and belief, the Tellyes Neonate Airway Management Trainerproducts are made available by Tellyes in the United States of America either directly on
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Tellyess website at http://en.tellyes.com/product/4fa797ed66cc3.htmland/or through other
Defendants.
80. Defendant Tellyess unauthorized use, marketing and distribution of Laerdalstrade dress that was designed and developed by Laerdal for Laerdals (A) SimMan 3G
Manikins; (B) Mega Code Kelly Full-Body Manikins; (C) Trauma Modules; and (D) Infant
Airway Management Trainer Products, as part of, or in connection with, Tellyess own above-
referenced products and other similar Tellyes products constitutes trade dress infringement under
the Lanham Act, 15 U.S.C. 1125.
81. As a result of Defendant Tellyess unlawful conduct, Laerdal has suffered andwill continue to suffer damages.
82. The intent and result of Defendants unlawful conduct has been a palming off ofLaerdals manikin products, and misleading the relevant public that similar looking Tellyes
products and associated services are emanating from or being endorsed by Laerdal or its
affiliates, causing confusion, mistake, and deception among the public as to the source and origin
of those products and associated services.
83. Upon information and belief, as a direct and proximate result of DefendantTellyess unlawful and infringing conduct, Defendant Tellyes has realized and continues to
realize profits and other benefits rightfully belonging to Laerdal.
84.
The foregoing acts of Defendants are intended to cause, have caused, and are
likely to cause confusion, mistake, deception among consumers, the public, and the trade as to
the source of the infringing products, or as to a possible affiliation, connection, or association
between Laerdal and the infringing products.
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85. Defendants Tellyess unlawful conduct has been willful, with full knowledgeand/or reckless disregard of Laerdals trade dress rights. Laerdal believes that Defendants will
continue such willful and intentional conduct unless enjoined by this Court.
86. Defendant Tellyess infringing activities, including the continued, unauthorizedreproduction of Laerdals trade dress in connection with the sale, marketing and distribution of
Defendant Tellyess products are causing and will cause Laerdal irreparable harm, including
without limitation significant harm to Laerdals reputation and goodwill, which Laerdal has
established through years of effort and expense.
87. Defendant Tellyess infringing activities constitute false designations of origin,false and misleading descriptions, and false and misleading representations that are likely to
cause confusion, mistake, and deception. By using a confusingly similar trade dress for Tellyess
above-referenced products, Defendants have misrepresented the nature, origin, characteristics,
and quality of the Tellyes products, in violation of the Lanham Act (15 U.S.C. 1125(a)).
88. In addition to the irreparable harm suffered by reason of Defendants wrongfulconduct, Laerdal has suffered and will continue to suffer damages in an amount to be proven at
trial.
COUNT FIVE TRADE DRESS INFRINGEMENT AND UNFAIR COMPETITION
(Florida State Law)
89. Laerdal repeats and incorporates herein the entirety of the allegations contained inthe above paragraphs.
90. Defendant Tellyess unauthorized use, marketing and distribution of Laerdalstrade dress that was designed and developed by Laerdal for Laerdals (A) SimMan 3G
Manikins; (B) Mega Code Kelly Full-Body Manikins; (C) Trauma Modules; and (D) Infant
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Airway Management Trainer Products, as part of, or in connection with, Tellyess own above-
referenced products and other similar Tellyes products constitutes trade dress infringement under
the Florida common law and state law governing trade dress protection and unfair competition.
91. As a result of Defendant Tellyess unlawful conduct, Laerdal has suffered andwill continue to suffer damages.
92. The intent and result of Defendants unlawful conduct has been a palming off ofLaerdals manikin products, and misleading the relevant public that similar looking Tellyes
products and associated services are emanating from or being endorsed by Laerdal or its
affiliates, causing confusion, mistake, and deception among the public as to the source and origin
of those products and associated services.
93. Upon information and belief, as a direct and proximate result of DefendantTellyess unlawful and infringing conduct, Defendant Tellyes has realized and continues to
realize profits and other benefits rightfully belonging to Laerdal.
94. The foregoing acts of Defendants are intended to cause, have caused, and arelikely to cause confusion, mistake, deception among consumers, the public, and the trade as to
the source of the infringing products, or as to a possible affiliation, connection, or association
between Laerdal and the infringing products.
95. Defendants Tellyess unlawful conduct has been willful, with full knowledgeand/or reckless disregard of Laerdals trade dress rights. Laerdal believes that Defendants will
continue such willful and intentional conduct unless enjoined by this Court.
96. Defendant Tellyess infringing activities, including the continued, unauthorizedreproduction of Laerdals trade dress in connection with the sale, marketing and distribution of
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Defendant Tellyess products are causing and will cause Laerdal irreparable harm, including
without limitation significant harm to Laerdals reputation and goodwill, which Laerdal has
established through years of effort and expense.
97. Defendant Tellyess infringing activities constitute false designations of origin,false and misleading descriptions, and false and misleading representations that are likely to
cause confusion, mistake, and deception. By using a confusingly similar trade dress for the
Tellyess above-referenced products, Defendants have misrepresented the nature, origin,
characteristics, and quality of the Tellyes products, in violation of the Florida common law and
state law governing trade dress and unfair competition.
98. In addition to the irreparable harm suffered by reason of Defendants wrongfulconduct, Laerdal has suffered and will continue to suffer damages in an amount to be proven at
trial.
PRAYER FOR RELIEF
WHEREFORE, Laerdal prays for judgment against Defendants on all the counts and
for the following relief:
A. Declaration that the Laerdal 674 Patent, including but not limited to claims 17,
18, 21 and 26 of the Laerdal 674 Patent, is valid and enforceable;
B. Declaration that Defendants have infringed and are infringing the Laerdal 674
Patent, including, but not limited to, claims 17, 18, 21 and 26;
C. Declaration that the Laerdal 787 Patent is valid and enforceable;
D. Declaration that Defendants have infringed and are infringing the Laerdal 787
Patent, including, but not limited to, claim 1;
E. Declaration that Defendants have infringed and are infringing Laerdals trade
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dress developed in connection with Laerdals SimMan 3G Manikins, Mega Code Kelly Full-
Body Manikins, Trauma Modules and Infant Airway Management Trainer Products;
F. An injunction against Defendants, each of their officers, agents, servants,
employees, and attorneys, all parent, subsidiary and affiliated entities, their assigns and
successors in interest, and those persons acting in active concert or participation with them,
including distributors and customers, enjoining them from continuing acts of infringement of the
Laerdal 674 Patent, Laerdal 787 Patent and Laerdals trade dress;
G. An accounting for damages under 35 U.S.C. 284 from each of the Defendants
for their respective infringement of the Laerdal 674 and Laerdal 787 Patents, and the award of
damages ascertained against each of the Defendants in favor of Laerdal, together with interest, as
provided by law;
H. An accounting for damages under Section 35 of the Lanham Act and Florida
common law from each of the Defendants, trebled as provided by law and 15 U.S.C. 1117, in
connection with trade dress infringement and unfair competition;
I. A preliminary and permanent injunction against Defendants, each of their
officers, agents, servants, employees, and attorneys, all parent, subsidiary and affiliated entities,
their assigns and successors in interest, and those persons acting in active concert or participation
with them, including distributors and customers, directing them as follows:
(i) enjoining from making unauthorized reproductions of the Laerdal Literature;
(ii) impounding any copies of the Tellyes Literature, pursuant to 17 U.S.C. 503;
(iii) enjoining from using Laerdals trade dress in connection with Tellyess
infringing products; and
(iv) impounding the Tellyes products that infringe Laerdals trade dress.
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J. Awarding Laerdal its actual and/or statutory damages, and Tellyess profits in an
amount to be determined at trial.
K. Award of Laerdals costs and expenses, including reasonable attorney fees; and
L. Such other and further relief as this Court may deem proper, just and equitable.
DEMAND FOR JURY TRIAL
Laerdal demands a trial by jury of all issues properly triable by jury in this action.
Dated: November 15, 2013 Respectfully Submitted,
/s/ Joseph W. Bain TRIAL COUNSEL
Joseph W. Bain (Florida Bar No. 860360)Novak Druce Connolly Bove + Quigg LLP
525 Okeechobee Blvd., 15th
Floor
West Palm Beach, FL 33401Phone: (561) 847-7800Fax: (561) 847-7801
Attorney for Defendants
Of Counsel
Jeffrey I. Kaplan (JK 4706)
Daniel Basov (DB 0077)
KAPLAN BREYER SCHWARZ & OTTESEN, LLP
100 Commons Way, Suite 250
Holmdel, NJ 07733
732-578-0103 x231 (voice)732-718-0857 (mobile)
732-578-0104 (fax)
emails: [email protected]@kbsolaw.com
Attorneys for Plaintiffs Laerdal Medical
Corp. and Laerdal Medical AS