Case 1:21-cv-10155-FDS Document 1 Filed 01/28/21 Page 1 of 25
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`Civil Action No.
`
`JURY TRIAL DEMANDED
`
`)))))))))))))
`
`iROBOT CORPORATION,
`
`Plaintiff
`
`v.
`
`SHARKNINJA OPERATING LLC,
`SHARKNINJA MANAGEMENT LLC,
`SHARKNINJA MANAGEMENT CO.,
`SHARKNINJA SALES CO., EP MIDCO
`LLC
`
`Defendants.
`
`COMPLAINT
`
`Plaintiff iRobot Corporation (“iRobot” or “Plaintiff”), by and through its attorneys, for its
`
`Complaint against Defendants SharkNinja Operating LLC, SharkNinja Management LLC,
`
`SharkNinja Management Company, SharkNinja Sales Company, and EP Midco (collectively,
`
`“Shark” or “Defendants”), hereby alleges as follows.
`
`NATURE OF THE ACTION
`
`1.
`
`This is an action arising under the patent laws of the United States, 35 U.S.C. § 271,
`
`et seq. to end Defendants’ unauthorized and infringing importation, offer for sale, sale,
`
`distribution, and/or use of products incorporating Plaintiff iRobot’s patented inventions.
`
`2.
`
`Under the Patent Act, iRobot seeks to enjoin infringement and obtain damages
`
`resulting from Defendants’ unauthorized manufacture, use, sale, and/or offer to sell within the
`
`United States and/or importation into the United States of products that infringe one or more claims
`
`of United States Patent Nos. 7,571,511 (“the ’511 patent”), 9,884,423 (“the ’423 patent”),
`
`10,296,007 (“the ’007 patent”), 10,813,517 (“the ’517 patent”), and 10,835,096 (“the ’096
`
`patent”), (collectively, “the patents-in-suit”). iRobot seeks permanent injunctive relief to prevent
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`Defendants from continuing to infringe the patents-in-suit. In addition, iRobot seeks monetary
`
`damages, including treble damages, resulting from Defendants’ direct, indirect, and willful
`
`infringement of the patents-in-suit.
`
`3.
`
`This action is related to Plaintiff iRobot’s recently filed complaint in the
`
`International Trade Commission (ITC) pursuant to 19 U.S.C. § 1337(d). iRobot has filed the
`
`present Complaint in this Court as a companion proceeding to the ITC case in accordance with
`
`customary ITC practice, given that this Court has authority to afford relief such as money
`
`damages that the ITC does not. As such, and as is also customary, this action could be stayed
`
`without opposition by iRobot pending the completion of the ITC action upon a proper and timely
`
`request by the Defendants in this action (all of whom are proposed Respondents in the ITC
`
`complaint). See 28 U.S.C. § 1659(a).
`
`4.
`
`Defendants import, offer for sale, sell, distribute, and/or use in the United States
`
`infringing products (“Accused Products”), and encourage others to use the Accused Products in
`
`an infringing manner. The Accused Products consist of Shark’s ION-series, IQ-series, and AI-
`
`series robotic floor cleaners (“RFCs”). The IQ-series has two primary variants: the standard IQ
`
`Robot (“IQ”) and an auto-empty version (“IQ-AE”). The AI-series has two primary variants: the
`
`standard AI Robot (“AI”) and a “wet-dry” version that also has mopping capability (“AI-WD”).
`
`PARTIES
`
`5.
`
`Plaintiff iRobot Corporation is a corporation organized under the laws of the State
`
`of Delaware and has its principal place of business at 8 Crosby Drive, Bedford, MA 01730.
`
`6.
`
`On information and belief, Defendant SharkNinja Operating LLC is a limited
`
`liability company organized and existing under the laws of the State of Delaware and has its
`
`principal place of business at 89 A Street, Suite 100, Needham, MA 02494.
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`7.
`
`On information and belief, Defendant SharkNinja Management LLC is a limited
`
`liability company duly organized and existing under the laws of the State of Delaware and has its
`
`principal place of business at 89 A Street, Suite 100, Needham MA 02494.
`
`8.
`
`On information and belief, Defendant SharkNinja Management Company is a
`
`company duly organized and existing under the laws of the State of Delaware and has its principal
`
`place of business at 89 A Street, Suite 100, Needham MA 02494.
`
`9.
`
`On information and belief, Defendant SharkNinja Sales Company is a company
`
`duly organized and existing under the laws of the State of Delaware and has its principal place of
`
`business at 89 A Street, Suite 100, Needham MA 02494.
`
`10.
`
`On information and belief, Defendant EP Midco LLC is a limited liability company
`
`duly organized and existing under the laws of the State of Delaware and has its principal place of
`
`business at 89 A Street, Suite 100, Needham MA 02494.
`
`JURISDICTION AND VENUE
`
`11.
`
`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
`
`§§ 1331 and 1338(a).
`
`12.
`
`Defendants are subject to personal jurisdiction in this district because Defendants
`
`have their principal place of business in this district. Further, Defendants regularly transact
`
`business in this district by, among other things, making, using, selling, or offering to sell products
`
`to customers located in this district.
`
`13.
`
`Venue in this district is proper under 28 U.S.C. §§ 1391(b) and (c) and 1400(b)
`
`because, Defendants have committed acts of infringement and have a regular and established place
`
`of business in this district.
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`FACTUAL BACKGROUND
`
`14.
`
`iRobot’s passion for innovation has been unflagging since its founding three
`
`decades ago. In 1990, three engineers from the Massachusetts Institute of Technology’s Artificial
`
`Intelligence Lab founded iRobot (formerly IS Robotics, Inc.). In its early years, iRobot principally
`
`researched and developed robotic technologies for security, exploration, environmental, and
`
`military applications. Its creations made history. iRobot’s first product, a six-legged robot
`
`designed for space exploration, now resides at the Smithsonian Air & Space Museum in
`
`Washington, D.C. Its other early robots explored the Great Pyramid of Giza, discovered harmful
`
`subsea oil in the Gulf of Mexico, and were the first self-navigating FDA-approved remote presence
`
`robots for hospitals.
`
`15.
`
`In the early 2000s, iRobot turned its attention to improving consumer electronics,
`
`including by launching its revolutionary Roomba® RFCs, forging a path for an entirely new
`
`category in home cleaning. Since then, iRobot has become the undisputed leader in the domestic
`
`RFC market segment, and its products have won widespread applause. To date, iRobot has sold
`
`more than 30 million home robots worldwide. In May 2020, Popular Mechanics recognized the
`
`Roomba® i7 as the “Best Robot Vacuum.” Ex. 8. In September 2020, Vacuum Wars named the
`
`Roomba® 675 as a winner in the “Budget Robots Category,” and named the Roomba® i7+ as a
`
`winner in the “Premium Robot Category.” Ex. 9. Those and other iRobot RFCs have earned
`
`dozens more “Editor’s Choice,” “Reader’s Choice,” and “Best of” accolades over the past several
`
`years, including, in 2018, Time’s Invention of the Year for the Roomba® i7+. Ex. 6; see also Exs.
`
`7-10.
`
`16.
`
`iRobot’s groundbreaking technologies are key to its leadership of the market
`
`segment. Owners of iRobot RFCs spend less time cleaning by hand themselves, or even thinking
`
`about cleaning. Certain iRobot RFCs can autonomously create a map of the floor of a home,
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`identify where they are on the map during cleaning missions, and let owners review the maps and
`
`customize them for optimal cleaning.
`
`17.
`
`Some iRobot RFCs augment these functionalities by allowing users to select
`
`particular rooms, zones, or hot spots for cleaning (for example, under the dining table).
`
`
`
`18. When certain iRobot RFCs sense a need to recharge during a cleaning mission, they
`
`can navigate to a docking station in the home to recharge, then resume the mission—all without
`
`the need for human intervention.
`
`
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`
`
`
`
`19.
`
`During cleaning missions, iRobot RFCs also use various detectors that enhance the
`
`intelligence and safety of their cleaning, including by treating carpets differently, avoiding falling
`
`down stairs, and navigating around obstacles.
`
`
`
`
`
`20.
`
`iRobot’s patented technology also includes side brushes on the underside of the
`
`robots that help sweep dust and debris from hard-to-reach areas, such as corners and along the
`
`edges of walls.
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`
`
`
`
`
`
`21.
`
`iRobot researches, designs, develops, and engineers its RFCs primarily in Bedford,
`
`Massachusetts and Pasadena, California. It employs more than 1,200 people worldwide, most of
`
`whom work in this country, and it paid its domestic engineering, research, and technology
`
`employees tens of millions of dollars each of the past several years. Over the past few years,
`
`iRobot has also spent tens of millions of dollars on both occupancy expenses for its domestic
`
`research facilities and domestic research-and-development capital costs.
`
`22.
`
`In addition to inventing trailblazing robotic technologies, iRobot contributes to the
`
`advancement of the next generation of scientists through its commitment to Science, Technology,
`
`Engineering, and Math (STEM) education in the United States. iRobot offers free coding and
`
`STEM tutorials for educators; professional-development and STEM programming; affordable
`
`code-able robots; job shadowing; and virtual classrooms, college panels, and museum tours.
`
`iRobot’s STEM initiatives have reached hundreds of thousands of students, parents, and educators
`
`to date.
`
`23.
`
`iRobot’s innovation was well known, and Shark knew iRobot’s RFCs were
`
`patented but chose to incorporate iRobot’s patented features into the Accused Products anyway.
`
`Because Shark produces lower-quality imitations of iRobot’s RFCs, Shark can invest less in
`
`research and development and sell its products at lower prices. Shark used that strategy in 2017
`
`when it first entered the RFC segment with the launch of its infringing ION robot, quickly
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`26.
`
`Certain Shark RFCs can also perform targeted cleanings, mimicking iRobot’s
`
`
`
`
`
`patented technology.
`
`27.
`
`Some Shark RFCs exploit iRobot’s patented technology for enabling RFCs to find
`
`their base to recharge, and even possibly resume cleaning without human intervention.
`
`
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`28.
`
`Like iRobot’s patented RFCs, certain Shark RFCs sense and avoid cliffs and treat
`
`
`
`
`
`carpets differently than hard floors.
`
`
`
`29.
`
`And Shark’s RFCs use side brushes to clean hard-to-reach areas, including
`
`corners and along the edges of walls—just like iRobot’s patented products.
`
`
`
`
`
`
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`30.
`
`Defendants provide the following materials, including demonstrations, training,
`
`guides, videos, websites, and/or manuals, regarding the Shark ION, IQ, IQ-AE AI, and AI-WD
`
`Robot:
`
`Guide
`Owner’s
`Vacuum
`Robot
`ION
`Shark
`https://www.sharkclean.com/include/pdf/manual-rv750_n.pdf (Ex. 24);
`
`Guide
`Start
`Quick
`Vacuum
`Robot
`ION
`Shark
`https://www.sharkclean.com/include/pdf/qsg-rv750_n.pdf (Ex. 21);
`
`Guide
`Owner’s
`Vacuum
`Robot
`IQ
`Shark
`https://www.sharkclean.com/include/pdf/manual-RV1000.pdf (Ex. 28);
`
`Guide
`Start
`Quick
`Vacuum
`Robot
`IQ
`Shark
`https://www.sharkclean.com/include/pdf/qsg-RV1000.pdf (Ex. 32);
`
`Self-Empty Vacuum Owner’s Guide
`Robot
`IQ
`Shark
`https://www.sharkclean.com/include/pdf/manual-rv1001ae.pdf (Ex. 17);
`
`found
`
`found
`
`found
`
`found
`
`at
`
`at
`
`at
`
`at
`
`found
`
`at
`
`found
`
`at
`
`
`
`
`
`
`
`Start Guide
`Self-Empty Vacuum Quick
`IQ Robot
`Shark
`https://www.sharkclean.com/include/pdf/qsg-rv1001ae.pdf (Ex. 18);
`
`Guide
`Owner’s
`Vacuum
`Robot
`AI
`Shark
`https://www.sharkclean.com/include/pdf/manual-rv2001.pdf (Ex. 19);
`
`Guide
`Start
`Quick
`Vacuum
`Robot
`AI
`Shark
`https://www.sharkclean.com/include/pdf/qsg-rv2001.pdf (Ex. 20);
`
`found
`
`found
`
`found
`
`found
`
`Guide
`Owner’s
`VacMop
`Robot
`AI
`Shark
`https://www.sharkclean.com/include/pdf/manual-rv2000wd.pdf (Ex. 34);
`
`Guide
`Start
`Quick
`VacMop
`Robot
`AI
`Shark
`https://www.sharkclean.com/include/pdf/qsg-rv2001wd.pdf (Ex. 27);
`
`Webpage found at https://www.sharkclean.com/vacuums/robot-vacuums (Ex. 23);
`
`at
`found
`Webpage
`https://www.amazon.com/gp/product/B075JRB2Z9/ref=ppx yo dt b asin image o07 s
`00?ie=UTF8&psc=1 (Ex. 22);
`
`Webpage found at https://direct.sharkclean.com/16/products/shark-iq-robot-self-empty-
`vacuum-rv1001ae/18/microsite/ogix/?opt=2 (Ex. 11);
`
`
`at
`
`at
`
`at
`
`at
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`Webpage found at https://www.sharkclean.com/exclusive-offer/RV2001WBKT/shark-ai-
`robot-vacuum-with-ai-laser-visionss-self-cleaning-brushrolli-wi-fi/ (Ex. 42);
`
`Webpage found at https://www.sharkclean.com/exclusive-offer/RV2001WDWK/shark-ai-
`robot-vacmop-pro-r201wd-with-sonic-mopping-self-cleaning-brushroll-wi-fi/ (Ex. 33);
`
`Webpage found at https://www.sharkclean.com/support/product-series/1221/shark-ion-robot-
`vacuum-r76-with-wi-fi/robot-how-works/#faq-3154 (Ex. 26);
`
`Webpage found at https://www.sharkclean.com/support/product-series/1238/shark-ai-
`robot-vacmop-pro-r201wd-with-sonic-mopping-self-cleaning-brushroll-and-wi-fi/
`(Ex.
`37);
`
`Webpage found at https://www.sharkclean.com/support/product-series/1238/shark-ai-
`robot-vacmop-pro-r201wd-with-sonic-mopping-self-cleaning-brushroll-and-wi-fi/robot-
`app-setup/#faq-2227 (Ex. 38);
`
`at
`found
`Video
`https://www.amazon.com/gp/product/B075JRB2Z9/ref=ppx yo dt b asin image o07 s
`00?ie=UTF8&psc=1 (Ex. 25);
`
`Video found at https://www.youtube.com/watch?v=yGsrp7m8P9U (Ex. 30);
`
`Video found at https://www.youtube.com/watch?v=KpdpSHp07cs (Ex. 35);
`
`https://www.youtube.com/watch?v=xTsUmDI6tSU&list=PLO-
`at
`found
`Video
`s5C_my0mWb0wLLOoPepSVjbxHkt5-b&index=4 (Ex. 36);
`
`Video found at https://www.youtube.com/watch?v=m8G-BYk6Iik (Ex. 39).
`
`
`U.S. PATENT NO. 7,571,511
`
`31.
`
`The U.S. Patent and Trademark Office issued the ’511 patent, entitled
`
`“Autonomous Floor Cleaning Robot,” on August 11, 2009. A true and correct copy of the ’511
`
`patent is attached as Exhibit 1.
`
`32.
`
`iRobot has owned the ’511 patent throughout the period of Defendants’ infringing
`
`acts and still owns the ’511 patent.
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`U.S. PATENT NO. 9,884,423
`
`33.
`
`The U.S. Patent and Trademark Office issued the ’423 patent, entitled
`
`“Autonomous Robot Auto-Docking And Energy Management Systems and Methods,” on
`
`February 6, 2018. A true and correct copy of the ’423 patent is attached as Exhibit 2.
`
`34.
`
`iRobot has owned the ’423 patent throughout the period of Defendants’ infringing
`
`acts and still owns the ’423 patent.
`
`U.S. PATENT NO. 10,296,007
`
`35.
`
`The U.S. Patent and Trademark Office issued the ’007 patent, entitled “Mobile
`
`Robot Area Cleaning,” on May 21, 2019. A true and correct copy of the ’007 patent is attached
`
`as Exhibit 3.
`
`36.
`
`iRobot has owned the ’007 patent throughout the period of Defendants’ infringing
`
`acts and still owns the ’007 patent.
`
`U.S. PATENT NO. 10,813,517
`
`37.
`
`The U.S. Patent and Trademark Office issued the ’517 patent, entitled
`
`“Navigational Control System for a Robotic Device,” on October 27, 2020. A true and correct
`
`copy of the ’517 patent is attached as Exhibit 4.
`
`38.
`
`iRobot has owned the ’517 patent throughout the period of Defendants’ infringing
`
`acts and still owns the ’517 patent.
`
`U.S. PATENT NO. 10,835,096
`
`39.
`
`The U.S. Patent and Trademark Office issued the ’096 patent, entitled “Map Based
`
`Training and Interface for Mobile Robots,” on November 17, 2020. A true and correct copy of the
`
`’096 patent is attached as Exhibit 5.
`
`40.
`
`iRobot has owned the ’096 patent throughout the period of Defendants’ infringing
`
`acts and still owns the ’096 patent.
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`COUNT I - INFRINGEMENT OF U.S. PATENT NO. 7,571,511
`
`41.
`
`iRobot incorporates the foregoing Paragraphs 1-32 by reference as though fully set
`
`forth herein.
`
`42.
`
`Defendants have been making, using, selling, or offering to sell within the United
`
`States and/or importing into the United States their Shark ION, IQ, IQ-AE, AI, and AI-WD Robot
`
`product lines and are infringing, directly and/or indirectly, with willfulness or willful blindness,
`
`either literally and/or under the doctrine of equivalents at least claims 1, 8-12, 14, 16, 18, 19, 22-
`
`25, 32-34, 36-37, 55, 56, and 62 of the ’511 patent under 35 U.S.C. § 271. Defendants’ infringing
`
`products include the Shark ION, IQ, IQ-AE, AI and AI-WD Robot product lines.
`
`43.
`
` Exhibit 12 attached hereto compares Defendants’ Shark ION Robot to claims 1,
`
`24, and 55 of the ’511 patent. On information and belief, Defendants produce additional robotic
`
`floor cleaners, including Shark IQ, IQ-AE, AI, and AI-WD Robot product lines, which infringe
`
`for reasons similar to to those shown in Exhibit 12, including claims 1, 24, and 55.
`
`44.
`
`In addition to their direct infringement, Defendants have actively induced others to
`
`infringe claims of the ’511 patent, including claims 1, 24, and 55, in violation of 35 U.S.C. § 271(b)
`
`and Defendants continue to infringe even today.
`
`45.
`
`In developing their products, including at least Defendants’ Shark ION Robot
`
`product line, Defendants emulated and copied features of iRobot’s robotic floor cleaning products,
`
`and upon information and belief, including those features claimed by the ’511 patent.
`
`46.
`
`Defendants knew that iRobot had patents covering its robotic floor cleaning product
`
`lines. Shark has previously admitted to monitoring the issuance of iRobot patents (see e.g.,
`
`Transcript of Markman Hearing, iRobot Corp. v. SharkNinja Operating, 19-cv-12125, at 24:21),
`
`and, upon information and belief, either learned of the ’511 patent or subjectively believed there
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`was a high probability that iRobot had patents covering features of its robotic floor cleaning
`
`products but took deliberate actions to avoid learning of that fact and which features were patented.
`
`47.
`
`Despite knowing of the ’511 patent or being willfully blind to the ’511 patent,
`
`Defendants continued to make, use, sell, offer to sell, and/or import infringing products.
`
`48.
`
`Defendants have been and are continuing to encourage other persons (e.g.,
`
`distributors, manufacturers, customers, and end users) to directly infringe the ’511 patent with
`
`knowledge (or willful blindness) of that infringement, such as by making, advertising, selling,
`
`offering to sell, supporting, distributing, and using infringing features in Defendants’ infringing
`
`products, including the Shark ION, IQ, IQ-AE, AI, and AI-WD Robot product lines. These other
`
`persons directly infringe the ’511 patent.
`
`49.
`
`Defendants provide their customers and the public with materials, including
`
`demonstrations, training, guides, videos, websites, and/or manuals, that depict and describe the
`
`infringing features of the Shark ION, IQ, IQ-AE, AI, and AI-WD Robot product lines (Exs. 17-
`
`28; 30; 32-39; 42).
`
`50.
`
`iRobot has suffered and will continue to suffer irreparable harm by Defendants’
`
`infringement of the ’511 patent unless the court permanently enjoins Defendants from their
`
`activities. iRobot is also entitled to recover damages from Defendants as a result of their
`
`infringement of the ’511 patent.
`
`51.
`
`Due to Defendants’ willful and deliberate infringement, the Court should award
`
`iRobot up to treble damages under 35 U.S.C. § 284 for infringement of the ’511 patent.
`
`COUNT II - INFRINGEMENT OF U.S. PATENT NO. 9,884,423
`
`52.
`
`iRobot incorporates the foregoing Paragraphs 1-30 and 33-34 by reference as
`
`though fully set forth herein.
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`53.
`
`Defendants have been making, using, selling, or offering to sell within the United
`
`States and/or importing into the United States their Shark ION, IQ, IQ-AE, AI, and AI-WD Robot
`
`product lines and are infringing, directly and/or indirectly, with willfulness or willful blindness,
`
`either literally and/or under the doctrine of equivalents at least claims 13-15, 18-23, and 25-26 of
`
`the ’423 patent under 35 U.S.C. § 271. Defendants’ infringing products include the Shark ION,
`
`IQ, IQ-AE, AI, and AI-WD Robot product lines.
`
`54.
`
`Further, Defendants have been using their robotic cleaners, including Shark ION
`
`and IQ Robots, in tests and demonstrations in the United States, and are infringing, directly and/or
`
`indirectly, with willfulness or willful blindness, either literally and/or under the doctrine of
`
`equivalents at least claims 1-4, 6-9, 12-15, 18-23, and 25-26 of the ’423 patent under 35 U.S.C. §
`
`271. Defendants’ infringing products include the Shark ION, IQ, and IQ-AE Robot product lines.
`
`55.
`
` Exhibit 13 attached hereto compares Defendants’ Shark IQ Robot to claims 1, 13,
`
`and 21 of the ’423 patent. On information and belief, Defendants produce additional robotic floor
`
`cleaners, including Shark ION, IQ-AE, AI, and AI-WD Robot product lines that infringe certain
`
`claims of the ’423 patent, including claim 1.
`
`56.
`
`In addition to their direct infringement, Defendants have actively induced others to
`
`infringe claims of the ’423 patent, including claims 1, 13, and 21, in violation of 35 U.S.C. § 271(b)
`
`and Defendants continue to induce infringement even today.
`
`57.
`
`In developing their products, including at least Defendants’ Shark ION, IQ, IQ-AE,
`
`AI, and AI-WD Robot product lines, Defendants emulated and copied features of iRobot’s robotic
`
`floor cleaning products, and upon information and belief, including those features claimed by the
`
`’423 patent. Use of such products along with Defendants’ instructions, infringe the ’423 patent.
`
`AliveCor Ex. 2013 - Page 16
`
`

`

`Case 1:21-cv-10155-FDS Document 1 Filed 01/28/21 Page 17 of 25
`
`58.
`
`Defendants knew that iRobot had patents covering its robotic floor cleaning product
`
`lines. Shark has previously admitted to monitoring the issuance of iRobot patents (see e.g.,
`
`Transcript of Markman Hearing, iRobot Corp. v. SharkNinja Operating, 19-cv-12125, at 24:21),
`
`and, upon information and belief, either learned of the ’423 patent or subjectively believed there
`
`was a high probability that iRobot had patents covering features of its robotic floor cleaning
`
`products but took deliberate actions to avoid learning of that fact and which features were patented.
`
`59.
`
`Despite knowing of the ’423 patent or being willfully blind to the ’423 patent,
`
`Defendants continued to make, use, sell, offer to sell, and/or import infringing products and
`
`products capable of infringing.
`
`60.
`
`Defendants have been and are continuing to encourage other persons (e.g.,
`
`distributors, manufacturers, customers, and end users) to directly infringe the ’423 patent with
`
`knowledge (or willful blindness) of that infringement, such as by making, advertising, selling,
`
`offering to sell, supporting, distributing, and using infringing features in Defendants’ products
`
`including the Shark ION, IQ, IQ-AE, AI, and AI-WD Robot product lines, in a way that infringes
`
`the ’423 patent. These other persons directly infringe the ’423 patent.
`
`61.
`
`Defendants provide their customers and the public with materials, including
`
`demonstrations, training, guides, videos, websites, and/or manuals that depict and describe the
`
`infringing features of the Shark ION, IQ, IQ-AE, AI, and AI-WD Robot product lines (Exs. 17-
`
`28; 30; 32-39; 42).
`
`62.
`
`Use of the Shark ION, IQ, IQ-AE, AI, and AI-WD Robot product lines, in the
`
`manner depicted and described in the materials noted in the preceding paragraph infringes the ’423
`
`patent.
`
`AliveCor Ex. 2013 - Page 17
`
`

`

`Case 1:21-cv-10155-FDS Document 1 Filed 01/28/21 Page 18 of 25
`
`63.
`
`iRobot has suffered and will continue to suffer irreparable harm by Defendants’
`
`infringement of the ’423 patent unless the court permanently enjoins Defendants from their
`
`activities. iRobot is also entitled to recover damages from Defendants as a result of their
`
`infringement of the ’423 patent.
`
`64.
`
`Due to Defendants’ willful and deliberate infringement, the Court should award
`
`iRobot up to treble damages under 35 U.S.C. § 284 for infringement of the ’423 patent.
`
`COUNT III - INFRINGEMENT OF U.S. PATENT NO. 10,296,007
`
`65.
`
`iRobot incorporates the foregoing Paragraphs 1-30 and 35-36 by reference as
`
`though fully set forth herein.
`
`66.
`
`Defendants have been making, using, selling, or offering to sell within the United
`
`States and/or importing into the United States their Shark AI-WD Robot product line and are
`
`infringing, directly and/or indirectly, with willfulness or willful blindness, either literally and/or
`
`under the doctrine of equivalents at least claims 1, 5, 6, 10, 12, and 13 of the ’007 patent under 35
`
`U.S.C. § 271. Defendants’ infringing products include the Shark AI-WD Robot product line.
`
`67.
`
` Exhibit 14 attached hereto compares Defendants’ Shark AI Robot to claim 1 of the
`
`’007 patent.
`
`68.
`
`In addition to their direct infringement, Defendants have actively induced others to
`
`infringe claims of the ’007 patent, including claim 1, in violation of 35 U.S.C. § 271(b) and
`
`Defendants continue to induce infringement even today.
`
`69.
`
`In developing their products, including at least Defendants’ Shark AI-WD Robot
`
`product line, Defendants emulated and copied features of iRobot’s robotic floor cleaning products,
`
`and upon information and belief, including those features claimed by the ’007 patent.
`
`70.
`
`Defendants knew that iRobot had patents covering its robotic floor cleaning product
`
`lines, and upon information and belief, either learned of the ’007 patent or subjectively believed
`
`AliveCor Ex. 2013 - Page 18
`
`

`

`Case 1:21-cv-10155-FDS Document 1 Filed 01/28/21 Page 19 of 25
`
`there was a high probability that iRobot had patents covering features of its robotic floor cleaning
`
`products but took deliberate actions to avoid learning of that fact and which features were patented.
`
`Shark has previously admitted that it monitors the issuance of iRobot patents (see e.g., Transcript
`
`of Markman Hearing, iRobot Corp. v. SharkNinja Operating, 19-cv-12125, at 24:21).
`
`Furthermore, Shark knew specifically about the ‘007 patent by at least the time it began
`
`preparations to file an inter partes review petition on the ’007 patent (IPR2020-01639).
`
`71.
`
`Despite knowing of the ’007 patent or being willfully blind to the ’007 patent,
`
`Defendants continued to make, use, sell, offer to sell, and/or import infringing products.
`
`72.
`
`Defendants have been and are continuing to encourage other persons (e.g.,
`
`distributors, manufacturers, customers, and end users) to directly infringe the ’007 patent with
`
`knowledge (or willful blindness) of that infringement, such as by making, advertising, selling,
`
`offering to sell, supporting, distributing, and using infringing features in Defendants’ infringing
`
`products including the Shark AI-WD Robot product line. These other persons directly infringe
`
`the ’007 patent.
`
`73.
`
`Defendants provide their customers and the public with materials including
`
`demonstrations, training, guides, videos, websites, and/or manuals that depict and describe the
`
`infringing features of the Shark AI-WD Robot (Exs. 33-39).
`
`74.
`
`iRobot has suffered and will continue to suffer irreparable harm by Defendants’
`
`infringement of the ’007 patent unless the court permanently enjoins Defendants from their
`
`activities. iRobot is also entitled to recover damages from Defendants as a result of their
`
`infringement of the ’007 patent.
`
`75.
`
`Due to Defendants’ willful and deliberate infringement, the Court should award
`
`iRobot up to treble damages under 35 U.S.C. § 284 for infringement of the ’007 patent.
`
`AliveCor Ex. 2013 - Page 19
`
`

`

`Case 1:21-cv-10155-FDS Document 1 Filed 01/28/21 Page 20 of 25
`
`COUNT IV - INFRINGEMENT OF U.S. PATENT NO. 10,813,517
`
`76.
`
`iRobot incorporates the foregoing Paragraphs 1-30 and 37-38 by reference as
`
`though fully set forth herein.
`
`77.
`
`Defendants have been making, using, selling, or offering to sell within the United
`
`States and/or importing into the United States their Shark AI-WD Robot product line and are
`
`infringing, directly and/or indirectly, with willfulness or willful blindness, either literally and/or
`
`under the doctrine of equivalents at least claims 1, 3, 4, 9, and 10 of the ’517 patent under 35
`
`U.S.C. § 271. Defendants’ infringing products include the Shark AI-WD Robot product line.
`
`78.
`
` Exhibit 15 attached hereto compares Defendants’ Shark AI-WD Robot to claims 1
`
`and 4 of the ’517 patent.
`
`79.
`
`In addition to their direct infringement, Defendants have actively induced others to
`
`infringe claims of the ’517 patent, including claims 1 and 4, in violation of 35 U.S.C. § 271(b) and
`
`Defendants continue to induce infringement even today.
`
`80.
`
`In developing their products, including at least Defendants’ Shark AI-WD Robot
`
`product line, Defendants emulated and copied features of iRobot’s robotic floor cleaning products,
`
`and upon information and belief, including those features claimed by the ’517 patent.
`
`81.
`
`Defendants knew that iRobot had patents covering its robotic floor cleaning product
`
`lines. Shark has previously admitted to monitoring the issuance of iRobot patents (see e.g.,
`
`Transcript of Markman Hearing, iRobot Corp. v. SharkNinja Operating, 19-cv-12125, at 24:21),
`
`and upon information and belief, either learned of the ’517 patent or subjectively believed there
`
`was a high probability that iRobot had patents covering features of its robotic floor cleaning
`
`products but took deliberate actions to avoid learning of that fact and which features were patented.
`
`82.
`
`Despite knowing of the ’517 patent or being willfully blind to the ’517 patent,
`
`Defendants continued to make, use, sell, offer to sell, and/or import infringing products.
`
`AliveCor Ex. 2013 - Page 20
`
`

`

`Case 1:21-cv-10155-FDS Document 1 Filed 01/28/21 Page 21 of 25
`
`83.
`
`Defendants have been and are continuing to encourage other persons (e.g.,
`
`distributors, manufacturers, customers, and end users) to directly infringe the ’517 patent with
`
`knowledge (or willful blindness) of that infringement, such as by making, advertising, selling,
`
`offering to sell, supporting, distributing, and using infringing features in Defendants’ infringing
`
`products including the Shark AI-WD Robot. These other persons directly infringe the ’517 patent.
`
`84.
`
`Defendants provide their customers and the public with materials, including
`
`demonstrations, training, guides, videos, websites, and/or manuals that depict and describe the
`
`infringing features of the Shark AI-WD Robot (Exs. 33-39).
`
`85.
`
`iRobot has suffered and will continue to suffer irreparable harm by Defendants’
`
`infringement of the ’517 patent unless the court permanently enjoins Defendants from their
`
`activities. iRobot is also entitled to recover damages from Defendants as a result of their
`
`infringement of the ’517 patent.
`
`86.
`
`Due to Defendants’ willful and deliberate infringement, the Court should award
`
`iRobot up to treble damages under 35 U.S.C. § 284 for infringement of the ’517 patent.
`
`COUNT V - INFRINGEMENT OF U.S. PATENT NO. 10,835,096
`
`87.
`
`iRobot incorporates the foregoing Paragraphs 1-30 and 39-40 by reference as
`
`though fully set forth herein.
`
`88.
`
`Defenda