January 12, 2016 – Drogo IP LLC asserted a diagnostic probe positioning system patent against Olympus America Inc. and Medivators, Inc. in separate actions filed in the Eastern District of Texas. The virtually identical complaints allege infringement by defendants’ diagnostic endocapsule devices. The asserted patent nominally expired in April 2016 and was assigned to the plaintiff September 2016. The complaints allege, inter alia, willful infringement commencing no later than the date that the complaints were filed.
The asserted patent is U.S. Patent No. 5,782,765, entitled Medical Positioning System. The cases are captioned Drogo IP LLC v. Olympus America Inc., Docket No. 2-17-cv-00020 and Drogo IP LLC v. Medivators, Inc., Docket No. 2-17-cv-00021, in the District Court for the Eastern District of Texas.
By: Sean C. McDonagh