PLAINTIFF’S ORIGINAL COMPLAINT
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HOU03:1169946
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
ELAN PHARMA INTERNATIONAL
LIMITED,
Plaintiff,
vs.
CIVIL ACTION NO. 4:09-CV-32
DEMAND FOR JURY TRIAL
ALCON LABORATORIES, INC., AND
ALCON MANUFACTURING, LTD.
Defendants.
PLAINTIFF’S ORIGINAL COMPLAINT
Plaintiff Elan Pharma International Limited (Elan) files this Complaint against Alcon
Laboratories, Inc., and Alcon Manufacturing, Ltd., (Defendants) and alleges, as follows:
I. THE PARTIES
1.
Elan is a company organized and existing under the laws of Ireland, having a
business address at Monksland, Athlone, Co. Westmeath, Ireland.
2.
Alcon Laboratories, Inc. is a Delaware corporation with its principal place of
business in Forth Worth, Texas. Alcon Laboratories, Inc. is qualified to do business in the State
of Texas, Filing No. 7906106, and has appointed CT Corporation System, 350 N. St. Paul Street,
Dallas, Texas 75201, as its agent for service of process.
3.
Alcon Manufacturing, Ltd. is a limited partnership organized under the laws of
Texas, with Alcon Laboratories, Inc. as a general partner. Alcon Manufacturing, Ltd. is qualified
PLAINTIFF’S ORIGINAL COMPLAINT
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HOU03:1169946
to do business in the State of Texas, Filing No. 14105010, and has appointed CT Corporation
System, 350 N. St. Paul Street, Dallas, Texas 75201, as its agent for service of process.
4.
Defendants’ principal activity is to develop, manufacture, and sell ophthalmic
pharmaceuticals, ophthalmic surgical equipment and devices, and other eye care products.
5.
Defendants have done and continue to do business in the State of Texas, including
the Eastern District of Texas, by, among other things, committing acts that constitute
infringement of Elan’s U.S. Patent Nos. 5,429,824 and 5,298,262.
II. JURISDICTION AND VENUE
6.
This is an action for patent infringement arising