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Case 1:13-cv-10020-MLW Document 1 Filed 01/04/13 Page 8 of 1128. Plaintiffs have been and are continuing to be damaged by Defendants’infringement and/or inducement of infringement of the ‘830 patent.COUNT II(Infringement of United States Patent No. 5,770,193)29. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 28above as if fully set forth herein.30. SRM infringes and has infringed, either literally or under the doctrine ofequivalents, one or more claims of the ‘193 patent under 35 U.S.C. 271(a), by the manufacture ofDermagraft.31. SRM induces and has actively induced infringement under 35 U.S.C. 271(b) andcontributed to the infringement, under 35 U.S.C. 271(c), of one or more claims of the ‘193patent, either literally or under the doctrine of equivalents.32. SRM sells and offers to sell Dermagraft in the United States for treatment ofdiabetic foot ulcers, together with instructing, directing, and/or advising others how to carry outmethods of treatment that infringe one or more claims of the ‘193 patent.33. SRM sells Dermagraft with a package insert that includes instructions for treatingdiabetic foot ulcers in a manner that infringes one or more claims of the ‘193 patent. Whenphysicians or others use Dermagraft according to the instructions set forth in the package insertprovided by SRM, such acts constitute direct infringement of one or more claims of the ‘193patent, either literally or under the doctrine of equivalents.34. SRM knew or should have known that its actions would induce others to infringethe ‘193 patent and knew that Dermagraft was especially made or adapted for use in aninfringing manner. Dermagraft is a material component of the inventions claimed in the ‘193patent and is not a staple article of commerce capable of substantial noninfringing use.8
Induction TherapyTreatment OptionsPediatricNew YorkCOG/SRCOG/HR+T-cellAdultLinkerUKALL XIIAgentsVincristine, prednisone, daunomycin, asparaginase, CPMVincristine, DXM, prednisone, asparaginaseVincristine, DXM or prednisone, prednisone, asparaginase,daunomycinVincristine, DXM or prednisone, asparaginase, daunomycinVincristine, DXM or prednisone, asparaginase, daunomycinHyperCVADVincristine, i DXM, doxorubicin, i hyperfractionated t CPMCPM = cyclophosphamide; COG = Children’s Oncology Group; UKALL = Medical Research CouncilAcute Lymphoblastic Leukemia; HyperCVAD = hyperfractionated cyclophosphamide, vincristine,doxorubicin, and dexamethasone.National Cancer Institute. http://www.cancer.gov/cancertopics/pdq/treatment/childALL/HealthProfessional/page4. Accessed January 14, 2013. NCCN Clinical Practice Guidelines in Oncology.http://www.nccn.org/professionals/physician_gls/pdf/all.pdf. Accessed January 4, 2013.Presymptomatic CNS Therapy(CNS Prophylaxis)• Effective systemic chemotherapy– HD MTX, DXM, asparaginase, thioguanine• Early intensification and optimization of intrathecaltherapy– Triple IT therapy vs IT MTX• Cranial irradiation– A central role in the 1960’s but employed less because ofserious long-term sequalaeHD = high dose; MTX = methotrexate; IT = intrathecal.Pui CH, et al. Semin Oncol. 2009;36(4 suppl 2):S2-S16.
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