Case 1:17-cv-10648-LTS Document 1 Filed 04/17/17 Page 1 of 20
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
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`Civil Action No. 1:17-cv-10648
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`JURY TRIAL DEMANDED
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`iROBOT CORPORATION,
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` Plaintiff
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`v.
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`THE BLACK & DECKER CORPORATION,
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`BLACK & DECKER (U.S.) INC., and
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`SHENZEN SILVER STAR INTELLIGENT
`TECHNOLOGY CO., LTD.,
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` Defendants.
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`
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff iRobot Corporation (“iRobot”), by and through its attorneys, brings this complaint
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`for patent infringement and demand for jury trial against The Black & Decker Corporation and
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`Black & Decker (U.S.) Inc. (together, “B&D”) and Shenzhen Silver Star Intelligent Technology
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`Co., Ltd. (“SSSIT”) (collectively, the “Defendants”) and alleges as follows:
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`NATURE OF THE ACTION
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`1.
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`This action for patent infringement arises under the laws of the United States, Title
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`35 of the United States Code, 35 U.S.C. § 1 et seq.
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`PARTIES
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`2.
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`Plaintiff iRobot Corporation is a corporation organized and existing under the laws
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`of the State of Delaware, with its principal place of business at 8 Crosby Drive, Bedford,
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`Massachusetts 01730.
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`1
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`Silver Star Exhibit 1004
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`Case 1:17-cv-10648-LTS Document 1 Filed 04/17/17 Page 2 of 20
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`3.
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`On information and belief, The Black & Decker Corporation is a corporation
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`organized under the laws of the State of Maryland, having a principal place of business located at
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`701 E. Joppa Rd., Towson, Maryland 21286.
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`4.
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`On information and belief, Black & Decker (U.S.) Inc. is a corporation organized
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`under the laws of the State of Maryland, having a principal place of business located at 701 E.
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`Joppa Rd., Towson, Maryland 21286.
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`5.
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`On information and belief, Shenzhen Silver Star Intelligent Technology Co., Ltd.
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`is a Chinese corporation, having a principal place of business located at Building D, Huiqing
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`Technology Park, DAFU Industrial Area, Guanguang Road, Guanlan Town, Shenzhen, People’s
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`Republic of China.
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`JURISDICTION AND VENUE
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`6.
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`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§
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`1331 and 1338(a).
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`7.
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`This Court has personal jurisdiction over B&D because, inter alia, upon
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`information and belief, B&D has purposefully availed itself of the privileges of conducting
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`business in this judicial district and has regularly and systematically transacted business in this
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`district, directly or through intermediaries; B&D has committed acts of patent infringement in this
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`district; and B&D has substantial and continuous contacts within this judicial district, at least due
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`to soliciting customers from this judicial district via its own website, blackanddecker.com, as well
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`as through third-party websites and/or sales via retail and wholesale stores in Massachusetts.
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`Moreover, upon information and belief, B&D has purposefully shipped its products into this
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`district through established distribution channels and has placed its products into the stream of
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`2
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`Silver Star Exhibit 1004 - 2
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`Case 1:17-cv-10648-LTS Document 1 Filed 04/17/17 Page 3 of 20
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`commerce with the knowledge and expectation that they will be purchased by consumers in this
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`district.
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`8.
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`This Court has personal jurisdiction over SSSIT because, inter alia, upon
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`information and belief, SSSIT manufactures and/or imports infringing devices that are marketed
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`and sold to Massachusetts consumers through a nationwide channel of distribution in the United
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`States. Moreover, upon information and belief, SSSIT has purposefully and voluntarily placed
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`infringing devices in the stream of commerce with the knowledge and expectation that the same
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`will end up in, and be marketed, sold, and purchased in, Massachusetts. Upon information and
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`belief, SSSIT has entered into a business relationship with B&D whereby SSSIT manufactures
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`infringing devices and imports them into the United States so that B&D can sell these infringing
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`devices throughout the United States, including in Massachusetts.
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`9.
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`Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b), 1391(c), and
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`1400(b).
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`SINGLE ACTION
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`10.
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`This suit is commenced against Defendants pursuant to 35 U.S.C. § 299 because,
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`inter alia, upon information and belief, SSSIT manufactures and/or imports infringing robotic
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`vacuums for and on behalf of B&D, who offers them for sale in the United States, and sells them
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`in the United States, including in Massachusetts. Defendants are therefore part of the same
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`manufacturing and distribution chain and share accused product lines and products involving
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`iRobot’s patented technologies.
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`11.
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`Accordingly, Defendants are jointly and severally liable for patent infringement
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`relating to the infringing robotic vacuums made, used, imported, offered for sale, sold, and/or used
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`in the United States by one or more of them. iRobot’s right to relief against each of these
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`3
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`Silver Star Exhibit 1004 - 3
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`Case 1:17-cv-10648-LTS Document 1 Filed 04/17/17 Page 4 of 20
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`Defendants arises out of the same transaction, occurrence, or series of transactions or occurrences
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`relating to the making, using, importing into the United States, offering for sale, and/or selling of
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`the same accused robotic vacuums. Questions of fact common to both of these Defendants will
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`arise in this action, including as to whether the accused products infringe the asserted patents.
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`Thus, joinder of the Defendants is proper under 35 U.S.C. § 299.
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`THE PATENTS-IN-SUIT
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`The ’308 Patent
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`12.
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`On December 26, 2006, United States Patent No. 7,155,308 (“the ’308 Patent”),
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`entitled “Robot Obstacle Detection System,” was duly and legally issued by the United States
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`Patent and Trademark Office from U.S. Patent Application Serial No. 10/453,202, filed on June 3,
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`2003. iRobot is the owner, by valid assignment, of the entire right, title and interest in and to the
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`’308 Patent, including the right to assert all causes of action arising under the patent and the right
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`to any remedies for infringement of the patent.
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`13.
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`The ’308 Patent relates to a robot obstacle detection system that includes a robot
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`housing that navigates with respect to a surface, and a sensor subsystem. The sensor subsystem
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`includes an optical emitter which emits a directed beam having a defined field of emission and a
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`photon detector having a defined field of view which intersects the field of emission of the emitter
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`at a region. A circuit in communication with a detector redirects the robot when the surface does
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`not occupy the region to avoid obstacles. A similar system is employed to detect walls.
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`The ’090 Patent
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`14.
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`On July 2, 2013, United States Patent No.8,474,090 (“the ’090 Patent”), entitled
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`“Autonomous Floor-Cleaning Robot,” was duly and legally issued by the United States Patent and
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`Trademark Office from U.S. Patent Application Serial No. 12/201,554, filed on August 29, 2008.
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`4
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`Silver Star Exhibit 1004 - 4
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`Case 1:17-cv-10648-LTS Document 1 Filed 04/17/17 Page 5 of 20
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`iRobot is the owner, by valid assignment, of the entire right, title and interest in and to the ’090
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`Patent, including the right to assert all causes of action arising under the patent and the right to any
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`remedies for infringement of the patent.
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`15.
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`The ’090 Patent relates to a floor cleaning robot that includes a housing, wheels,
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`and a motor driving the wheels to move the robot across a floor, a control module disposed within
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`the housing and directing movement of the robot across the floor, a sensor for detecting and
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`communicating obstacle information to the control module so that the control module can cause
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`the robot to react to the obstacle, a removable bin disposed at least partially within the housing and
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`receiving particulates, a first rotating member directing particulates toward the bin, and a second
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`rotating member cooperating with the first rotating member to direct particulates toward the bin.
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`The ’490 Patent
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`16.
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`On October 26, 2004, United States Patent No. 6,809,490 (“the ’490 Patent”),
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`entitled “Method and System for Multi-Mode Coverage for an Autonomous Robot,” was duly and
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`legally issued by the United States Patent and Trademark Office from U.S. Patent Application
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`Serial No. 10/167,851, filed on June 12, 2002. iRobot is the owner, by valid assignment, of the
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`entire right, title, and interest in and to the ’490 Patent, including the right to assert all causes of
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`action arising under the patent and the right to any remedies for infringement of the patent.
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`17.
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`The ’490 Patent relates to a control system for a mobile robot to effectively cover
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`a given area by operating in a plurality of modes. In an exemplary embodiment, an autonomous
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`mobile robot can operate in an obstacle following mode, a random bounce mode, or in a spot
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`coverage mode. Additionally, the ’490 Patent describes a behavior based architecture for the
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`control system to ensure full coverage.
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`5
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`Silver Star Exhibit 1004 - 5
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`Case 1:17-cv-10648-LTS Document 1 Filed 04/17/17 Page 6 of 20
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`BACKGROUND
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`18.
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`iRobot (formerly IS Robotics, Inc.) was founded in 1990 by Massachusetts Institute
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`of Technology roboticists with the vision of making practical robots a reality. The company has
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`developed some of the world’s most important robots, and has a rich history steeped in innovation.
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`19.
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`iRobot is the leader in home robotic cleaning devices, with products delivering
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`convenient, customized, powerful cleaning assistance. Among other product offerings, iRobot
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`develops, manufactures, and sells the well-known Roomba® line of products, which have been
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`recognized as a market leader in robotic vacuum cleaning as well as highly preferred Braava®
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`branded products.
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`20.
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`iRobot has extensive involvement in the U.S. market, including the Massachusetts
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`market, with its innovative robotic vacuum cleaning devices. iRobot employs hundreds of persons
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`in the United States who are dedicated to the design, research, development, testing, quality
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`control, and customer care of its robotic vacuum cleaning devices, and related accessories for U.S.
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`customers.
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`21.
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`Defendants compete directly with iRobot.
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`22.
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`On information and belief, SSSIT manufactures robotic vacuum cleaning devices
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`for B&D, including, but not limited to, B&D’s BDH5000 robot vacuum cleaner,1 which, as
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`explained below, infringes one or more claims of each of iRobot’s ’308 Patent, ’090 Patent, and
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`’490 Patent (the “Asserted Patents”).
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`23.
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`To the extent facts learned in discovery show that one or more Defendants’
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`infringement of a claim of an Asserted Patent is or has been willful, including following the filing
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`1 This exemplary infringing product is hereinafter referred to as the “Accused Product.”
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`6
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`Silver Star Exhibit 1004 - 6
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`Case 1:17-cv-10648-LTS Document 1 Filed 04/17/17 Page 7 of 20
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`of this Complaint, iRobot reserves the right to request such a finding at the time of trial, or as may
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`otherwise be allowed by the Court.
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`COUNT I: INFRINGEMENT OF THE ’308 PATENT BY B&D
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`24.
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`iRobot hereby incorporates by reference its allegations contained in paragraphs 1
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`through 23 of this Complaint as though fully set forth herein.
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`25.
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`Upon information and belief, B&D has infringed and continues to infringe, either
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`literally or under the doctrine of equivalents, at least claim 1 of the ’308 Patent pursuant to 35
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`U.S.C. § 271(a) by making, using, offering to sell, and/or selling in the United States, and/or
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`importing into the United States, at least the Accused Product.
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`26.
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`For example, on information and belief, B&D’s BDH5000 robotic vacuum, used
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`by B&D and/or sold and offered for sale by B&D, including at its website, infringes claim 1 of the
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`’308 Patent; this claim recites:
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`A sensor subsystem for an autonomous robot which rides on a surface, the sensor
`subsystem comprising: an optical emitter which emits a directed optical beam
`having a defined field of emission; a photon detector having a defined field of view
`which intersects the field of emission of the emitter at a region; and a circuit in
`communication with the detector providing an output when an object is not present
`in the region thereby re-directing the autonomous robot.
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`27.
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`On information and belief, B&D’s BDH5000 robotic vacuum is an autonomous
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`robot that rides on a surface such as a floor. It includes sensor subsystems that comprise at least
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`an optical emitter that emits an optical beam with a defined field of emission and a photon detector
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`whose field of view intersects with this field of emission. On information and belief, the sensor
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`subsystem also includes a circuit in communication with the detector that provides a signal when
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`an object (such as the floor) is not present in this region of intersection such that the robot is re-
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`directed. On information and belief, this behavior and its relation to the BDH5000’s “sensors” is
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`7
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`Silver Star Exhibit 1004 - 7
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`Case 1:17-cv-10648-LTS Document 1 Filed 04/17/17 Page 8 of 20
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`described in the instruction manual for the BDH5000,2 which includes an image of the BDH5000
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`sensors (below) and notes that the BDH5000 “will clean… depending on the objects around it.”
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`28.
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`Furthermore, upon information and belief, B&D has induced and continues to
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`induce infringement of at least claim 1 of the ’308 Patent pursuant to 35 U.S.C. § 271(b), by
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`actively and knowingly inducing, directing, causing, and encouraging others, including, but not
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`limited to, its customers and/or end users, to make, use, sell, and/or offer to sell in the United States
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`the Accused Product.
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`29.
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`Upon information and belief, B&D’s customers and/or end users have directly
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`infringed and are directly infringing claim 1 of the ’308 Patent. B&D has actual knowledge of the
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`’308 Patent at least as of service of this Complaint. B&D is knowingly inducing its customers
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`and/or end users to directly infringe the ’308 Patent through, for example, their use of the
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`BDH5000, with the specific intent to encourage such infringement, and knowing that the induced
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`acts constitute patent infringement. B&D’s inducement includes, for example, providing technical
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`2 See, e.g., BDH5000 Instruction Manual,
`https://servicenet.blackanddecker.com/Products/Detail/BDH5000# (last visited April 13, 2017),
`hereinafter the “BDH5000 Instruction Manual.”
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`8
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`Silver Star Exhibit 1004 - 8
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`Case 1:17-cv-10648-LTS Document 1 Filed 04/17/17 Page 9 of 20
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`guides, product data sheets, demonstrations, specifications, installation guides, and other forms of
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`support that induce its customers and/or end users to directly infringe the ’308 Patent.3
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`30.
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`Upon information and belief, B&D has committed the foregoing infringing
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`activities without license from iRobot.
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`31.
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`As a result of B&D’s infringement of the ’308 Patent iRobot has suffered and will
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`continue to suffer damage.
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`32.
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`B&D’s continued infringement of iRobot’s patent rights under the ’308 Patent will
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`irreparably harm iRobot.
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`33.
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`The acts of infringement by B&D will continue unless enjoined by this Court.
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`COUNT II: INFRINGEMENT OF THE ’308 PATENT BY SSSIT
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`34.
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`iRobot hereby incorporates by reference its allegations contained in paragraphs 1
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`through 33 of this Complaint as though fully set forth herein.
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`35.
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`Upon information and belief, SSSIT has directly infringed, and continues to directly
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`infringe, the ’308 Patent by importing into the United States the Accused Product that it
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`manufactures for and on behalf of B&D. This Accused Product infringes at least claim 1 of the
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`’308 Patent as explained above in paragraphs 25 – 27 with respect to B&D’s direct infringement,
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`which are incorporated herein by reference.
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`36.
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`Upon information and belief, SSSIT has committed the foregoing infringing
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`activities without license from iRobot.
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`37.
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`As a result of SSSIT’s infringement of the ’308 Patent iRobot has suffered and will
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`continue to suffer damage.
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`3 See, e.g., BDH5000 Instruction Manual.
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`9
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`Silver Star Exhibit 1004 - 9
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`Case 1:17-cv-10648-LTS Document 1 Filed 04/17/17 Page 10 of 20
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`38.
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`SSSIT’s continued infringement of iRobot’s patent rights under the ’308 Patent will
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`irreparably harm iRobot.
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`39.
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`The acts of infringement by SSSIT will continue unless enjoined by this Court.
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`COUNT III: INFRINGEMENT OF THE ’090 PATENT BY B&D
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`40.
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`iRobot hereby incorporates by reference its allegations contained in paragraphs 1
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`through 39 of this Complaint as though fully set forth herein.
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`41.
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`Upon information and belief, B&D has infringed and continues to infringe, either
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`literally or under the doctrine of equivalents, at least claim 1 of the ’090 Patent pursuant to 35
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`U.S.C. § 271(a) by making, using, offering to sell and/or selling in the United States, and/or
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`importing into the United States, at least the Accused Product.
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`42.
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`For example, on information and belief, B&D’s BDH5000 robotic vacuum, used
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`by B&D and/or sold and offered for sale by B&D at its website, infringes claim 1 of the ’090
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`Patent; this claim recites:
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`A floor cleaning robot comprising: a housing and a chassis; wheels and at least one
`motor to drive the wheels disposed at least partially within the housing and
`configured to move the floor cleaning robot across a floor, each of the wheels being
`attached to the chassis via a respective arm having a distal end and a proximal end;
`a control module disposed within the housing and directing movement of the floor
`cleaning robot across the floor; at least one sensor for detecting an obstacle and
`communicating obstacle information to the control module so that the control
`module can cause the floor cleaning robot to react to the obstacle; a removable bin
`disposed at least partially within the housing and configured to receive particulates;
`and a first rotating member configured to direct particulates toward the bin, wherein
`one of the wheels is rotatably attached to the distal end of each arm, and the
`proximal end of each arm is pivotably attached to the chassis, wherein each wheel
`is biased to an extended position away from the robot chassis by a spring extending
`between the arm and the robot chassis, and wherein, during cleaning, the weight of
`the floor cleaning robot overcomes a force from the spring biasing the wheels to an
`extended position.
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`43.
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`On information and belief, B&D’s BDH5000 robotic vacuum is a floor cleaning
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`robot that comprises a housing, chassis, and wheels with at least one motor, disposed at least
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`10
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`Silver Star Exhibit 1004 - 10
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`Case 1:17-cv-10648-LTS Document 1 Filed 04/17/17 Page 11 of 20
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`partially within the housing, to drive the wheels to move the Accused Product across a floor. The
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`motorized driving of the wheels is referred to in the BDH5000 Instruction Manual, which discusses
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`the BDH5000’s “driving” and navigation capabilities, and includes an image (below) which, on
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`information and belief, shows the housing, chassis, and wheels.
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`44.
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`On information and belief, each of the aforementioned wheels is attached to the
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`chassis via an arm with distal and proximal ends. On information and belief, the wheels are
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`rotatably attached to the distal end of each arm, the proximal end of each arm is pivotably attached
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`to the chassis, and the wheels are biased to an extended position away from the robot by a spring
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`extending between the arm and the robot chassis. On information and belief, during cleaning, the
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`11
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`Silver Star Exhibit 1004 - 11
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`Case 1:17-cv-10648-LTS Document 1 Filed 04/17/17 Page 12 of 20
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`weight of the B&D BDH5000 overcomes this biasing force from the spring. The recited wheel
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`arrangement and biasing spring is visible, e.g., from the images below.4
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`45.
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`On information and belief, the B&D BDH5000 also comprises a control module
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`disposed within the housing which directs movement of the robot. On information and belief, it
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`also comprises at least one sensor for detecting an obstacle information and communicating
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`obstacle information to the control module so that the control module can cause the Accused
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`4 Photographs of disassembled BDH5000.
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`12
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`Silver Star Exhibit 1004 - 12
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`Case 1:17-cv-10648-LTS Document 1 Filed 04/17/17 Page 13 of 20
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`Product to react—indeed, the robot “will clean… depending on the objects around it.”5
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`Additionally, for example, “sensors” are depicted in the BDH5000 Instruction Manual, below.
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`46.
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`On information and belief, the BDH5000 also comprises a removable bin disposed
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`at least partially within the housing and configured to receive particles, and a rotating member
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`configured to direct particulates toward the bin, as shown in the following image from the
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`BDH5000 Instruction Manual, labelled as a “Dust Bin.” The BDH5000 Instruction Manual also
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`explains that the dustbin can be “slid[]… out of the vacuum.”
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`5 See, e.g., BDH5000 Instruction Manual; see also Black Decker Robot Vacuum video,
`https://www.youtube.com/watch?v=n2Wq7vPZESI (last visited April 13, 2017), hereinafter the
`“B&D Video.”
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`13
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`Silver Star Exhibit 1004 - 13
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`Case 1:17-cv-10648-LTS Document 1 Filed 04/17/17 Page 14 of 20
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`47.
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`Upon information and belief, B&D has induced and continues to induce
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`infringement of at least claim 1 of the ’090 Patent pursuant to 35 U.S.C. § 271(b), by actively and
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`knowingly inducing, directing, causing, and encouraging others, including, but not limited to, its
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`customers and/or end users, to make, use, sell, and/or offer to sell in the United States the Accused
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`Product.
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`48.
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`Upon information and belief, B&D’s customers and/or end users have directly
`
`infringed and are directly infringing claim 1 of the ’090 Patent. B&D has actual knowledge of the
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`’090 Patent at least as of service of this Complaint. B&D is knowingly inducing its customers
`
`and/or end users to directly infringe the ’090 Patent through, for example, their use of the
`
`BDH5000, with the specific intent to encourage such infringement, and knowing that the induced
`
`acts constitute patent infringement. B&D’s inducement includes, for example, providing technical
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`guides, product data sheets, demonstrations, specifications, installation guides, and other forms of
`
`support that induce its customers and/or end users to directly infringe the ’090 Patent.6
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`49.
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`Upon information and belief, B&D has committed the foregoing infringing
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`activities without license from iRobot.
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`50.
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`As a result of B&D’s infringement of the ’090 Patent iRobot has suffered and will
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`continue to suffer damage.
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`6 See, e.g., BDH5000 Instruction Manual.
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`14
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`Silver Star Exhibit 1004 - 14
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`Case 1:17-cv-10648-LTS Document 1 Filed 04/17/17 Page 15 of 20
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`51.
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`B&D’s continued infringement of iRobot’s patent rights under the ’090 Patent will
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`irreparably harm iRobot.
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`52.
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`The acts of infringement by B&D will continue unless enjoined by this Court.
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`COUNT IV: INFRINGEMENT OF THE ’090 PATENT BY SSSIT
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`53.
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`iRobot hereby incorporates by reference its allegations contained in paragraphs 1
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`through 52 of this Complaint as though fully set forth herein.
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`54.
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`Upon information and belief, SSSIT has directly infringed, and continues to directly
`
`infringe, the ’090 Patent by importing into the United States the Accused Product that it
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`manufactures for and on behalf of B&D, including, for example, the BDH5000. This Accused
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`Product infringes at least claim 1 of the ’090 Patent as explained above in paragraphs 41 – 46 with
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`respect to B&D’s direct infringement, which are incorporated herein by reference.
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`55.
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`Upon information and belief, SSSIT has committed the foregoing infringing
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`activities without license from iRobot.
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`56.
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`As a result of SSSIT’s infringement of the ’090 Patent iRobot has suffered and will
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`continue to suffer damage.
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`57.
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`SSSIT’s continued infringement of iRobot’s patent rights under the ’090 Patent will
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`irreparably harm iRobot.
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`58.
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`The acts of infringement by SSSIT will continue unless enjoined by this Court.
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`COUNT V: INFRINGEMENT OF THE ’490 PATENT BY B&D
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`59.
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`iRobot hereby incorporates by reference its allegations contained in paragraphs 1
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`through 58 of this Complaint as though fully set forth herein.
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`60.
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`Upon information and belief, B&D has infringed and continues to infringe, either
`
`literally or under the doctrine of equivalents, at least claim 1 of the ’490 Patent pursuant to 35
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`15
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`Silver Star Exhibit 1004 - 15
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`Case 1:17-cv-10648-LTS Document 1 Filed 04/17/17 Page 16 of 20
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`U.S.C. § 271(a) by making, using, offering to sell and/or selling in the United States, and/or
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`importing into the United States, at least the Accused Product.
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`61.
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`For example, on information and belief, B&D BDH5000 robotic vacuum, used by
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`B&D and/or sold and offered for sale by B&D at its website, infringes claim 1 of the ’490 Patent;
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`this claim recites:
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`A mobile robot comprising: (a) means for moving the robot over a surface; (b) an
`obstacle detection sensor; (c) and a control system operatively connected to said
`obstacle detection sensor and said means for moving; (d) said control system
`configured to operate the robot in a plurality of operational modes and to select
`from among the plurality of modes in real time in response to signals generated by
`the obstacle detection sensor, said plurality of operational modes comprising: a
`spot-coverage mode whereby the robot operates in an isolated area, an obstacle
`following mode whereby said robot travels adjacent to an obstacle, and a bounce
`mode whereby the robot travels substantially in a direction away from an obstacle
`after encountering the obstacle, and wherein, when in the obstacle following mode,
`the robot travels adjacent to an obstacle for a distance at least twice the work width
`of the robot.
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`62.
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`On information and belief, the B&D BDH5000 is a mobile robot that comprises a
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`means for moving the robot over a surface, an obstacle detection sensor, and a control system
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`operatively connected to the obstacle detection sensor and the means for moving.7 The robot and
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`exemplary obstacle detection sensors are depicted in the BDH5000 Instruction Manual, labelled
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`as “sensors” in the image below.
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`7 See, e.g., BDH5000 Instruction Manual, noting that the BDH5000 “will clean… depending on
`the objects around it” and which discusses the BDH5000’s “driving” and navigation capabilities;
`see also B&D Video.
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`16
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`Silver Star Exhibit 1004 - 16
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`Case 1:17-cv-10648-LTS Document 1 Filed 04/17/17 Page 17 of 20
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`63.
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`On information and belief, the control system is configured to operate the robot in
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`a plurality of modes, selecting among these modes in real time in response to signals generated by
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`the obstacle sensor. On information and belief, these modes include a spot-coverage mode
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`whereby the robot operates in an isolated area, an obstacle following mode whereby said robot
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`travels adjacent to an obstacle, and a bounce mode whereby the robot travels substantially in a
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`direction away from an obstacle after encountering the obstacle, and wherein, when in the obstacle
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`following mode, the robot travels adjacent to an obstacle for a distance at least twice the work
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`width of the robot. On information and belief, these modes are described in, for example, the
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`BDH5000 Instruction Manual, which describes the BDH5000’s “spot mode” and other cleaning
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`modes, including those in which the robot “will clean… depending on the objects around it.”8
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`64.
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`Upon information and belief, B&D has induced and continues to induce
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`infringement of at least claim 1 of the ’490 Patent pursuant to 35 U.S.C. § 271(b), by actively and
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`knowingly inducing, directing, causing, and encouraging others, including, but not limited to, its
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`customers and/or end users, to make, use, sell, and/or offer to sell in the United States the Accused
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`Product.
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`8 See also B&D Video.
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`17
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`Silver Star Exhibit 1004 - 17
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`Case 1:17-cv-10648-LTS Document 1 Filed 04/17/17 Page 18 of 20
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`65.
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`Upon information and belief, B&D’s customers and/or end users have directly
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`infringed and are directly infringing claim 1 of the ’490 Patent. B&D has actual knowledge of the
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`’490 Patent at least as of service of this Complaint. B&D is knowingly inducing its customers
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`and/or end users to directly infringe the ’490 Patent through, for example, their use of the
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`BDH5000, with the specific intent to encourage such infringement, and knowing that the induced
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`acts constitute patent infringement. B&D’s inducement includes, for example, providing technical
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`guides, product data sheets, demonstrations, specifications, installation guides, and other forms of
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`support that induce its customers and/or end users to directly infringe the ’490 Patent. 9
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`66.
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`Upon information and belief, B&D has committed the foregoing infringing
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`activities without license from iRobot.
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`67.
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`As a result of B&D’s infringement of the ’490 Patent iRobot has suffered and will
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`continue to suffer damage.
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`68.
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`B&D’s continued infringement of iRobot’s patent rights under the ’490 Patent will
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`irreparably harm iRobot.
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`69.
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`The acts of infringement by B&D will continue unless enjoined by this Court.
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`COUNT VI: INFRINGEMENT OF THE ’490 PATENT BY SSSIT
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`70.
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`iRobot hereby incorporates by reference its allegations contained in paragraphs 1
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`through 69 of this Complaint as though fully set forth herein.
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`71.
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`Upon information and belief, SSSIT has directly infringed, and continues to directly
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`infringe, the ’490 Patent by importing into the United States the Accused Product that it
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`manufactures for and on behalf of B&D, including, for example, the BDH5000. This Accused
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`9 See, e.g., BDH5000 Instruction Manual.
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`18
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`Silver Star Exhibit 1004 - 18
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`Case 1:17-cv-10648-LTS Document 1 Filed 04/17/17 Page 19 of 20
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`Product infringes at least claim 1 of the ’490 Patent as explained in paragraphs 60 – 63 above with
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`respect to B&D’s infringement, which are incorporated herein by reference.
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`72.
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`Upon information and belief, SSSIT has committed the foregoing infringing
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`activities without license from iRobot.
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`73.
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`As a result of SSSIT’s infringement of the ’490 Patent iRobot has suffered and will
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`continue to suffer damage.
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`74.
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`SSSIT’s continued infringement of iRobot’s patent rights under the ’490 Patent will
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`irreparably harm iRobot.
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`75.
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`The acts of infringement by SSSIT will continue unless enjoined by this Court.
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`PRAYER FOR RELIEF
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`WHEREFORE, iRobot prays for judgment in its favor against Defendants, and granting
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`relief as follows:
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`A.
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`For a judgment declaring that the Defendants have infringed the Asserted Patents;
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`B.
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`For a grant of an injunction pursuant to 35 U.S.C. § 283, enjoining the Defendants
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`together with their respective officers, directors, agents, servants, employees, and attorneys, and
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`upon those persons in active concert or participation with them from further acts of infringement;
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`C.
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`For an award to iRobot of compensatory damages as a result of the Defendants’
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`infringement of the Asserted Patents, together with interest and costs, and in no event less than a
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`reasonable royalty;
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`D.
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`For a judgment declaring that this case is exceptional and awarding iRobot its
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`expenses, costs, and attorneys’ fees in accordance with 35 U.S.C. § 285 and Rule 54(d) of the
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`Federal Rules of Civil Procedure;
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`E.
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`For such other and further relief as the Court deems just and proper.
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`19
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`Silver Star Exhibit 1004 - 19
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`Case 1:17-cv-10648-LTS Document 1 Filed 04/17/17 Page 20 of 20
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`DEMAND FOR A JURY TRIAL
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`iRobot hereby demands a trial by jury in this action.
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`Respectfully submitted,
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`By:
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`/s/ Stephen Ma