IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`C.A. No. 1:23-cv-11277-ADB
`(LEAD CASE)
`
`C.A. No. 1:23-cv-12372-ADB
`(SEVERED CASE)
`
`JURY TRIAL DEMANDED
`
`SHARKNINJA OPERATING LLC and
`SHARKNINJA SALES COMPANY,
`
`Plaintiffs
`
`and
`
`OMACHRON ALPHA INC. and
`OMACHRON INTELLECTUAL
`PROPERTY INC.,
`
`Plaintiffs
`
`v.
`
`DYSON, INC. and DYSON TECHNOLOGY
`LIMITED,
`
`Defendants.
`
`SHARKNINJA’S PRELIMINARY PATENT-RELATED DISCLOSURES AND
`INFRINGEMENT CONTENTIONS
`
`Pursuant to Local Rule 16.6(d)(1) and the parties’ Joint Statement and Proposed Schedule
`
`(ECF 91), Plaintiffs SharkNinja Operating LLC, SharkNinja Sales Company, Omachron Alpha
`
`Inc., and Omachron Intellectual Property, Inc. (collectively, “SharkNinja”) hereby provide their
`
`Preliminary Patent-Related Disclosures and Infringement Contentions (the “Contentions”)
`
`concerning the infringement of U.S. Patent Nos. 8,607,407 (the “’407 Patent”), 9,301,666 (the
`
`“’666 Patent”), 10,080,472 (the “’472 Patent”), 10,117,550 (the “’550 Patent”), 10,327,607 (the
`
`“’607 Patent”), 10,478,030 (the “’030 Patent”), 10,568,477 (the “’477 Patent”), and 11,389,038
`
`(the “’038 Patent”) (collectively, the “SharkNinja Patents”) by Defendants Dyson, Inc. and Dyson
`
`Technology Limited (collectively, “Dyson”).
`
`Dyson Ex1016
`Page 1
`
`

`

`SharkNinja bases these Preliminary Patent-Related Disclosures and Infringement
`
`Contentions on its current knowledge, understanding, and belief as to the facts and information
`
`available as of the date of these Contentions. SharkNinja has not yet completed its investigation,
`
`collection of information, discovery, or analysis related to this case, and additional discovery,
`
`including discovery from Dyson and third parties, may lead SharkNinja to amend, revise, and/or
`
`supplement these Contentions. SharkNinja specifically reserves the right to supplement and/or
`
`amend these Contentions in view of information and/or material that may be obtained during
`
`discovery, further investigation, applicable case law and authorities, and/or any other reasons
`
`permitted under the Court’s Order, the Local Rules, and the Federal Rules of Civil Procedure.
`
`Nothing in these Contentions shall be construed to waive rights or objections that otherwise
`
`might be available to SharkNinja, nor shall the information herein or documents produced be
`
`deemed an admission of relevancy, materiality, or admissibility for any purpose.
`
`I.
`
`ASSERTED CLAIMS
`
`Based on the information presently and reasonably available to SharkNinja, SharkNinja
`
`contends that Dyson infringed and/or currently infringes, directly and/or indirectly, literally or by
`
`operation of the doctrine of equivalents, the following asserted claims of the SharkNinja Patents
`
`(the “Asserted Claims”).
`
`Patent
`
`Asserted Claims
`
`Infringer(s)
`
`’407 Patent
`’666 Patent
`’472 Patent
`
`’550 Patent
`’607 Patent
`’030 Patent
`’477 Patent
`’038 Patent
`
`
` 
`
`23-24
`1-4, 6-12
`1, 9-10, 13-14, 17, 22,
`25
`1, 4, 6-14, 17-24, 28
`1-13
`1-3, 5-10, 12-13
`1-7, 12, 14-15
`1, 10, 12-15
`
`Dyson, Inc. and Dyson Technology Limited
`Dyson, Inc. and Dyson Technology Limited
`Dyson, Inc. and Dyson Technology Limited
`
`Dyson, Inc. and Dyson Technology Limited
`Dyson, Inc. and Dyson Technology Limited
`Dyson, Inc. and Dyson Technology Limited
`Dyson, Inc. and Dyson Technology Limited
`Dyson, Inc. and Dyson Technology Limited
`
`2
`
`Dyson Ex1016
`Page 2
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`

`

`This identification is based on information presently known to SharkNinja. SharkNinja
`
`expressly reserves its rights to amend and/or supplement its identification of Asserted Claims as
`
`discovery ensues, including in view of information and/or material that may be obtained during
`
`discovery, further investigation, SharkNinja’s review of Dyson’s document productions, and
`
`written discovery responses.
`
`II.
`
`ACCUSED PRODUCTS
`
`SharkNinja accuses the following of Dyson’s products (in any configuration, color, or
`
`bundle) of infringing the Asserted Claims (the “Accused Products”), based on the information
`
`presently and reasonably available to SharkNinja.
`
`Patent
`
`Product
`
`’407 Patent
`
`’666 Patent
`’472 Patent
`’550 Patent
`
`’607 Patent
`’030 Patent
`
`’477 Patent
`
` 
`
`Dyson V15/V15s Submarine Lines
`Dyson Outsize Line
`Dyson Gen5 Line
`Dyson V12 Line
`Dyson V10 Line/V11 Line
`Dyson Omni-glide
`Dyson Humdinger
`Dyson V8 Line/Cyclone V8™ line
`Dyson V8 Line/Cyclone V8™ line
`Dyson V15/V15s Submarine Lines
`Dyson Outsize Line
`Dyson Gen5 Line
`Dyson V12 Line
`Dyson V10 Line/V11 Line
`Dyson V8 Line/Cyclone V8™ line
`Dyson V15/V15s Submarine Lines
`Dyson Outsize Line
`Dyson Gen5 Line
`Dyson V12 Line
`Dyson Omni-glide
`Dyson V10 Line/V11 Line
`Dyson V15/V15s Submarine Lines
`Dyson Outsize Line
`Dyson Gen5 Line
`Dyson V12 Line
`Dyson V10 Line/V11 Line
`
`3
`
`Asserted Claims
`
`23-24
`
`1-4, 6-12
`1, 9-10, 13-14, 17, 22, 25
`1, 4, 6-14, 17-24, 28
`
`1-13
`1-3, 5-10, 12-13
`
`
`
`1-3, 5-9, 12-13
`1-7, 12, 14-15
`
`Dyson Ex1016
`Page 3
`
`

`

`Patent
`
`Product
`
`Asserted Claims
`
`’038 Patent
`
`Dyson Omni-glide
`Dyson Humdinger
`Dyson V15/V15s Submarine Lines
`Dyson V10 Line/V11 Line
`Dyson Outsize Line
`Dyson Gen5 Line
`Dyson V12 Line
`
`1, 10, 12-15
`
`This identification is based on information presently known to SharkNinja. SharkNinja
`
`
`
`expressly reserves its rights to amend and/or supplement its identification of the Accused Products
`
`as discovery ensues, including in view of information and/or material that may be obtained during
`
`discovery, further investigation, SharkNinja’s review of Dyson’s document products, and written
`
`discovery responses.
`
`III.
`
`INFRINGEMENT CHARTS
`
`Subject to ongoing discovery and investigation, and based on available information
`
`obtained to date, SharkNinja hereby contends that each element of each Asserted Claim is found
`
`within the Accused Products as shown in the infringement claims charts attached hereto as Exhibit
`
`A-H, either literally or by operation of the doctrine of equivalents. The citations, annotations, and
`
`figures in the claim charts attached constitute exemplary evidence of infringement and are not
`
`intended to exhaust the evidence upon which SharkNinja may rely. Further, the division of claim
`
`elements in the charts attached as exhibits hereto is provided solely for purposes of convenience
`
`in presenting these Contentions. These divisions are not meant to modify the claim language or to
`
`inform claim construction, nor do they represent SharkNinja’s positions as to how any claim term
`
`should be construed, clarified, or otherwise interpreted. SharkNinja has applied constructions
`
`based on the understandings of a person of ordinary skill in the art. Further, these disclosures are
`
`based on SharkNinja’s present understanding of the meaning and scope of the Asserted Claims of
`
` 
`
`4
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`Dyson Ex1016
`Page 4
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`

`

`the SharkNinja Patents, which in turn relies on discovery to date. SharkNinja reserves the right to
`
`supplement or amend these disclosures if its understanding of the claim terms changes, including
`
`in view of information and/or material that may be obtained during discovery, further investigation,
`
`SharkNinja’s review of Dyson’s document productions, and written discovery.
`
`To the extent it is found that any of the limitations of the Asserted Claims is not literally
`
`present in the Accused Products, the Accused Products nonetheless infringe under the doctrine of
`
`equivalents because any differences between the claim limitations and the Accused Products are
`
`insubstantial and the Accused Products perform the same or substantially the same functions, in
`
`the same or substantially the same ways, to achieve the same or substantially the same results.
`
`SharkNinja reserves the right to amend and/or supplement its Contentions as discovery progresses.
`
`IV. DIRECT AND INDIRECT INFRINGEMENT
`
`For the reasons set forth in SharkNinja’s Second Amended Complaint (Dkt. 58) and these
`
`Contentions, Dyson directly infringes the Asserted Claims under 35 U.S.C. § 271(a). Dyson has
`
`also actively induced, and will continue to actively induce, users of their infringing products to
`
`infringe the SharkNinja Patents under 35 U.S.C. § 271(b) by actively and knowingly inducing,
`
`directing, causing, and encouraging others, including, but not limited to, their merchant customers,
`
`and consumer end users to directly infringe the SharkNinja Patents. Dyson has actively induced
`
`and will continue to actively induce infringement through making, using, selling, and/or offering
`
`to sell in the United States, and/or importing into the United States, the Accused Products, with
`
`the specific intent to encourage such infringement, and knowing that the induced acts constitute
`
`patent infringement. Dyson has also actively contributed and will continue to contribute users of
`
`their infringing products to infringe SharkNinja’s Patents under 35 U.S.C. § 271(c) as Dyson has
`
`made the deliberate decision to sell and/or offer to sell in the United States, and/or import in the
`
` 
`
`5
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`Dyson Ex1016
`Page 5
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`

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`United States, the Accused Products which are products that Dyson knew or should have known
`
`to infringe SharkNinja’s Patents. Dyson has had knowledge that their activities concerning the
`
`Accused Products infringe the Asserted Claims of SharkNinja’s Patents. Dyson offered and
`
`continues to offer the Accused Products for sale, and instructed and continues to instruct users to
`
`operate them in an infringing manner though, without limitation, instructions, manuals, and
`
`technical assistance relating to the use, operation, maintenance, and other support to Dyson’s
`
`merchant customers and consumer end users, encouraging them to purchase and instructing them
`
`to use the Accused Products.
`
`V.
`
`DOCUMENT PRODUCTION
`
`A copy of the file history for each of the SharkNinja Patents, documents evidencing the
`
`ownership of each of the SharkNinja Patents, documents evidencing the identity of all real parties
`
`in interest, and documents evidencing conception and reduction to practice for each of the
`
`SharkNinja
`
`Patents
`
`have
`
`been
`
`produced
`
`as
`
`SHARKNINJA_VACDRIVE_001,
`
`SHARKNINJA_VACDRIVE_002,
`
`SHARKNINJA_VACDRIVE_003,
`
`SHARKNINJA_VACDRIVE_004, SHARKNINJA_VACDRIVE_005, and the full Bates range
`
`of SHARKNINJA_VAC_PROD001.
`
`
`
`Dated: December 15, 2023
`
`Joseph J. Mueller
`WILMER CUTLER PICKERING HALE AND
`DORR LLP
`60 State Street
`Boston, Massachusetts 02109
`(617) 526-6000
`joseph.mueller@wilmerhale.com
`
`Todd C. Zubler (pro hac vice)
`
`
`/s/ Brian Rosenthal
`Brian A. Rosenthal (pro hac vice)
`Benjamin Hershkowitz (pro hac vice)
`Vivian Lu (pro hac vice)
`GIBSON, DUNN & CRUTCHER LLP
`200 Park Avenue
`New York, NY
`10166
`(212) 351-4000
`
`Brian M. Buroker (pro hac vice)
`
` 
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`6
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`Dyson Ex1016
`Page 6
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`

`

`Wendy W. Cai (pro hac vice)
`A. David Brzozowski, II (pro hac vice)
`GIBSON, DUNN & CRUTCHER LLP
`1050 Connecticut Avenue, N.W.
`Washington, D.C. 20036-5306
`(202) 955-8500
`
`
`
`WILMER CUTLER PICKERING HALE AND
`DORR LLP
`2100 Pennsylvania Avenue N.W.
`Washington, D.C. 20037
`(202) 663-6000
`todd.zubler@wilmerhale.com
`
`Omar A. Khan (pro hac vice)
`Jeffrey A. Dennhardt (pro hac vice)
`WILMER CUTLER PICKERING HALE AND
`DORR LLP
`7 World Trade Center
`250 Greenwich Street
`New York, New York 10007
`(212) 230-8800
`omar.khan@wilmerhale.com
`Jeffrey.dennhardt@wilmerhale.com
`(202) 955-8500
`
`Attorneys for Plaintiffs SharkNinja Operating
`LLC, SharkNinja Sales Company, Omachron
`Alpha Inc., and Omachron Intellectual
`Property, Inc.
`
`
`
`7
`
`
`
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` 
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`Dyson Ex1016
`Page 7
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`

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`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on December 15, 2023, all counsel of record who are deemed
`
`to have consented to electronic services are being served with a copy of this document via email.
`
`Any other counsel of record will be served by first class mail.
`
`/s/ Cameron Fredriksen Isaacs
`
`
`
` 
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`8
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`Dyson Ex1016
`Page 8
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`