IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE IVOCLAR VIVADENT AG, IVOCLAR VIVADENT INC.

, and IVOCLAR VIVADENT MANUFACTURING INC., Plaintiffs, v. DENTSPLY INTERNATIONAL INC., DENTSPLY PROSTHETICS, and DEGUDENT GMBH, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. _________ JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT Plaintiffs Ivoclar Vivadent AG, Ivoclar Vivadent Inc., and Ivoclar Vivadent Manufacturing Inc. (collectively Ivoclar), by and for their Complaint for Patent Infringement against Defendants Dentsply International Inc., Dentsply Prosthetics, and DeguDent GmbH (collectively Dentsply), allege as follows: NATURE OF THE ACTION 1. This is an action for infringement of Ivoclars U.S. Patent Nos. 8,042,358 (the

358 Patent); 8,047,021 (the 021 Patent); 8,444,756 (the 756 Patent); and 8,536,078 (the 078 Patent) (collectively the Asserted Patents) arising under the patent laws of the United States, 35 U.S.C. 100, et seq. The Asserted Patents are generally directed to lithium-silicate materials that can easily be machined into dental products without undue wear of the machining tools.

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THE PARTIES 2. Ivoclar Vivadent Inc. is a corporation organized and existing under the laws of the

State of Delaware, having its principal place of business at 175 Pineview Drive, Amherst, NY 14228, and operating as a subsidiary of Ivoclar Vivadent AG. 3. Ivoclar Vivadent AG is a corporation organized and existing under the laws of

Liechtenstein, with its corporate headquarters at Benderestrasse 2, FL-9494 Schaan, Liechtenstein. 4. Ivoclar Vivadent Manufacturing, Inc. is a corporation organized and existing

under the laws of the State of New Jersey, having its principal place of business at 500 Memorial Drive, Somerset, NJ 08873, and operating as a subsidiary of Ivoclar Vivadent AG. 5. Upon information and belief, Dentsply International Inc. is a corporation

organized and existing under the laws of the State of Delaware, having its principal place of business at 221 West Philadelphia Street, York, PA 17405. 6. Upon information and belief, Dentsply Prosthetics is a division of Dentsply

International Inc. with its principal place of business located at 570 West College Avenue, York, PA 17405. Upon information and belief, Dentsply Prosthetics markets and sells the accused infringing products through its nationwide network of authorized dealers in the United States. 7. Upon information and belief, DeguDent GmbH is a division of Dentsply

International Inc. with its principal place of business located at Rodenbacher Chaussee 4, 63457 Hanau-Wolfgang, Germany. Upon information and belief, DeguDent GmbH manufactures the accused infringing products for Dentsply Prosthetics. 8. Upon information and belief, Dentsply regularly transacts business in this District,

and elsewhere in the United States, though the sale and support of products accused of infringement to customers located in this District, or through its nationwide distribution network
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with the reasonable expectation that the accused products would be purchased or used by consumers in this District. JURISDICTION AND VENUE 9. This civil action for patent infringement arises under the Patent Laws of the

United States, 35 U.S.C. 1, et seq. 10. and 1338(a). 11. This Court has personal jurisdiction over Dentsply because, upon information and This Court has subject matter jurisdiction over this case under 28 U.S.C. 1331

belief, Dentsply is incorporated in Delaware and regularly and purposefully avails itself of the privilege of conducting business activities in this District and the State of Delaware. In particular, Dentsply has availed itself of the privilege of filing patent-infringement cases in this District, see, e.g., Dentsply Intl, Inc. v. Soft-Core Sys., Inc., No. 97-cv-400, 1997 U.S. Dist. LEXIS 13873 (D. Del. Aug. 18, 1999). Likewise, Dentsply has submitted to personal jurisdiction by defending patent-infringement cases in this District, see, e.g., Dragan v. L.D. Caulk Co.1, No. 84-cv-707, 1989 U.S. Dist. LEXIS 13966 (D. Del. Apr. 21, 1989). Upon information and belief, Dentsply Prosthetics regularly transacts business in this District and the State of Delaware and has offered to sell, and sold, the accused products through its nationwide distribution network with the reasonable expectation that the accused products would be purchased or used by consumers in this District. Likewise, upon information and belief, DeguDent GmbH has manufactured the accused products and caused them to be imported into the United States with the reasonable expectation that the accused products would be purchased or used by consumers in this District. In addition, upon information and belief, jurisdiction is proper because Dentsply
1

L.D. Caulk Co. was a division of Dentsply International, Inc. when this suit was

litigated.
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has committed acts of direct infringement and/or indirect infringement in this District. Thus, Dentsply has injured Ivoclar through acts committed in this District. 12. Venue is proper in this judicial district under 28 U.S.C. 1391 and 1400 because

Dentsply is subject to personal jurisdiction in this judicial district and has committed acts of direct infringement and/or indirect infringement in this judicial district. BACKGROUND 13. Ivoclar is engaged in researching, developing, manufacturing, and selling

materials and processes for quality, esthetic dentistry. 14. On October 25, 2011, the United States Patent and Trademark Office (USPTO)

duly and lawfully issued the 358 patent, entitled Lithium Silicate Materials, to inventors Marcel Schweiger, Volker M. Rheinberger, Harald Burke, and Wolfram Holand. Ivoclar Vivadent AG is and at all relevant times has been the owner of all rights, title, and interest in and to the 358 patent. A true and correct copy of the 358 patent is attached hereto as Exhibit A. 15. On November 1, 2011, the USPTO duly and lawfully issued the 021 patent,

entitled Lithium Silicate Materials, to inventors Marcel Schweiger, Volker M. Rheinberger, Harald Burke, and Wolfram Holand. Ivoclar Vivadent AG is and at all relevant times has been the owner of all rights, title, and interest in and to the 021 patent. A true and correct copy of the 021 patent is attached hereto as Exhibit B. 16. On May 21, 2013, the USPTO duly and lawfully issued the 756 patent, entitled

Lithium Silicate Materials, to inventors Marcel Schweiger, Volker M. Rheinberger, Harald Burke, Wolfram Holand, Elke Apel, Christian Ritzberger, and Dmitri Brodkin. Ivoclar Vivadent AG is and at all relevant times has been the owner of all rights, title, and interest in and to the 756 patent. A true and correct copy of the 756 patent is attached hereto as Exhibit C.

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17.

On September 17, 2013, the USPTO duly and lawfully issued the 078 patent,

entitled Lithium Silicate Glass Ceramic and Glass with ZrO2 Content, to inventors Christian Ritzberger, Ricardo Dellagiacomo, Marcel Schweiger, Harald Burke, Wolfram Holand, and Volker Rheinberger. Ivoclar Vivadent AG is and at all relevant times has been the owner of all rights, title, and interest in and to the 078 patent. A true and correct copy of the 078 patent is attached hereto as Exhibit D. 18. products. 19. Upon information and belief, Dentsplys Celtra products contain more than Dentsply sells Celtra zirconia-reinforced lithium-silicate glass ceramic

10 vol.-% lithium metasilicate crystals and more than 10 vol.-% lithium disilicate crystals. On information and belief, Dentsplys Celtra products contain lithium metasilicate as the main crystalline phase. 20. Upon information and belief, Dentsplys Celtra products exhibit a biaxial

flexural strength exceeding 180 MPa. 21. Upon information and belief, Dentsplys Celtra products contain more than

6.1 wt.-% ZrO2. 22. Upon information and belief, Dentsply uses Ivoclars patented process to

manufacture its Celtra products. 23. Dentsplys Celtra products infringe one or more claims of the Asserted Patents. COUNT ONEINFRINGEMENT OF THE 358 PATENT 24. Ivoclar re-alleges and incorporates by reference paragraphs 1 through 22 as if

fully stated herein.

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25.

Upon information and belief, Dentsply literally or under the doctrine of

equivalents infringes, induces others to infringe, or contributes to the infringement of one or more claims of the 358 Patent in violation of 35 U.S.C. 271(a), (b), and/or (c). 26. Dentsplys infringement of the 358 Patent causes Ivoclar to suffer substantial

money damages. 27. Dentsplys infringement of the 358 Patent causes Ivoclar to suffer irreparable

harm for which there is no adequate remedy at law. COUNT TWOINFRINGEMENT OF THE 021 PATENT 28. Ivoclar re-alleges and incorporates by reference paragraphs 1 through 22 as if

fully stated herein. 29. Upon information and belief, Dentsply literally or under the doctrine of

equivalents infringes, induces others to infringe, or contributes to the infringement of one or more claims of the 021 Patent in violation of 35 U.S.C. 271(a), (b), and/or (c). 30. Dentsplys infringement of the 021 Patent causes Ivoclar to suffer substantial

money damages. 31. Dentsplys infringement of the 021 Patent causes Ivoclar to suffer irreparable

harm for which there is no adequate remedy at law. COUNT THREEINFRINGEMENT OF THE 756 PATENT 32. Ivoclar re-alleges and incorporates by reference paragraphs 1 through 22 as if

fully stated herein. 33. Upon information and belief, Dentsply literally or under the doctrine of

equivalents infringes, induces others to infringe, or contributes to the infringement of one or more claims of the 756 Patent in violation of 35 U.S.C. 271(a), (b), and/or (c).

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34.

Dentsplys infringement of the 756 Patent causes Ivoclar to suffer substantial

money damages. 35. Dentsplys infringement of the 756 Patent causes Ivoclar to suffer irreparable

harm for which there is no adequate remedy at law. COUNT FOURINFRINGEMENT OF THE 078 PATENT 36. Ivoclar re-alleges and incorporates by reference paragraphs 1 through 22 as if

fully stated herein. 37. Upon information and belief, Dentsply literally or under the doctrine of

equivalents infringes, induces others to infringe, or contributes to the infringement of one or more claims of the 078 Patent in violation of 35 U.S.C. 271(a), (b), and/or (c). 38. Dentsplys infringement of the 078 Patent causes Ivoclar to suffer substantial

money damages. 39. Dentsplys infringement of the 078 Patent causes Ivoclar to suffer irreparable

harm for which there is no adequate remedy at law. PRAYER FOR RELIEF WHEREFORE, Ivoclar respectfully requests that this Court: A. B. Enter judgment that Dentsply has infringed the Asserted Patents; Enter orders permanently enjoining Dentsply and its respective affiliates,

subsidiaries, officers, agents, servants, directors, representatives, licensees, successors, assigns, employees, attorneys, and all those acting in concert, privity, or participation with any of the foregoing, and who receive actual notice by personal service or otherwise of the orders, from infringing, directly or indirectly, the Asserted Patents;

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C.

Award Ivoclar compensatory damages in amounts sufficient to compensate it for

Dentsplys infringement of the Asserted Patents, together with pre-judgment and post-judgment interest and costs under 35 U.S.C. 284; D. Declare this case to be exceptional under 35 U.S.C. 285 and award Ivoclar its

reasonable attorneys fees, expenses, and costs incurred in this action; and E. Award Ivoclar any further relief as this Court deems just and proper. DEMAND FOR JURY TRIAL Under Rule 38(b) of the Federal Rules of Civil Procedure, Ivoclar respectfully requests a trial by jury of any and all issues on which a trial by jury is available under applicable law.

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ASHBY & GEDDES /s/ Andrew C. Mayo Steven J. Balick (#2114) John G. Day (#2403) Andrew C. Mayo (#5207) 500 Delaware Avenue, 8th Floor P.O. Box 1150 Wilmington, Delaware 19899 (302) 654-1888 sbalick@ashby-geddes.com jday@ashby-geddes.com amayo@ashby-geddes.com Attorneys for Plaintiffs Ivoclar Vivadent AG, Ivoclar Vivadent Inc., and Ivoclar Vivadent Manufacturing Inc. Of Counsel: H. Keeto Sabharwal Uma N. Everett Andrew M. Nason STERNE, KESSLER, GOLDSTEIN & FOX, P.L.L.C. 1100 New York Avenue, NW Washington, DC 20005 202.371.2600 keetos@skgf.com ueverett@skgf.com anason@skgf.com Dated: October 15, 2013

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