Indiana Intellectual Property Law News
Indianapolis, Indiana – Attorneys for Plaintiff, NeurOptics, Inc. (“NeurOptics”) of Laguna Hills, California, filed suit in the Southern District of Indiana alleging that Defendant, Brightlamp, Inc. (“Brightlamp”) of Indianapolis, Indiana, infringed its rights in United States Patent Nos. 6,820,979 (the “‘979 Patent”) and 9,402,542 (the “‘542 Patent” and collectively the “Asserted Patents”). NeurOptics is seeking preliminary and permanent injunctions, treble damages, attorneys’ fees, costs, and any other relief the Court deems proper.
NeurOptics claims to be an industry leader for the design, manufacture, and sale of pupilometer products. According to the Complaint, NeurOptics owns the Asserted Patents that are both entitled “Pupilometer with pupil irregularity detection, pupil tracking, and pupil response detection capability, glaucoma screening capability, intracranial pressure detection capability, and ocular aberration measurement capability.” Brightlamp is allegedly a manufacturer and distributor of pupilometer products.
As claimed in the Complaint, Brightlamp’s “Reflex” Mobile Pupillometer Application (“Accused Product”) is available for download and use by certified medical professionals and the use of that application results in direct infringement of the Asserted Patents. NeurOptics also stated it believes Brightlamp has infringed various claims from other patents owned by NeurOptics and the Complaint is likely to be amended as it completes its investigation. NeurOptics claims it sent a cease and desist notice in writing to Brightlamp prior to filing the Complaint, but Brightlamp continued the alleged infringement. Therefore, NeurOptics is seeking damages for infringement of the ‘542 and ‘979 Patents pursuant to 35 U.S.C. § 271 with willful damages, fees, and costs pursuant to 35 U.S.C. §§ 284 and 285.
The case was assigned to Chief Judge Jane E. Magnus-Stinson and Magistrate Judge Debra McVicker Lynch in the Southern District and assigned Case 1:19-cv-04832-JMS-DML.