EDTX Court Grants Motion for Jurisdiction and Venue-Related Discovery

March 5, 2018 –St. Croix Surgical Systems is suing Cardinal Health for its patents relating to using a porous matrix such as cotton to help coagulate the patient’s own blood to form a clot which could be used to seal vascular holes.

On February 28, the court granted plaintiff’s motion for jurisdictional discovery before ruling on defendant’s motions to dismiss or transfer for lack of personal jurisdiction, improper venue, and convenience. Defendant argued that it has “no regular and established place of business” in the Eastern District of Texas while Plaintiff alleges that Defendant’s website shows nearly 100 job openings in Texas, as an example. Given the sharp differences in the parties’ positions, the Court felt justified in Plaintiff’s request for jurisdiction and venue discovery prior to the Court resolving Defendant’s motion to dismiss.

The patents at issue are U.S. Patent Nos. 8,568,448, entitled “Clotting Cascade Initiating Apparatus and Methods of Use and Method of Closing Wounds,” 8,652,168 entitled “Clotting Cascade Initiating Apparatus and Methods of Use and Methods of Closing Wounds,” and 9,669,131 “Clotting Cascade Initiating Apparatus and Methods of Use and Methods of Closing Wounds.” The case is captioned St. Croix Surgical Systems, LLC v. Cardinal Health, Inc., No. 2-17-cv-00500.

By: Julian G. Pymento