Case 2:24-cv-04711 Document 1 Filed 06/05/24 Page 1 of 20 Page ID #:1
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`Andrea W. Jeffries, Bar No. 183408
`ajeffries@jonesday.com
`Jones Day
`555 South Flower Street
`Fiftieth Floor
`Los Angeles, California 90071.2452
`Telephone: +1.213.489.3939
`Facsimile: +1.213.243.2539
`Attorney for Defendant
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`WESTERN DIVISION
`
`The Procter & Gamble Co.,
`Plaintiff,
`
`v.
`Dr. Squatch, LLC,
`Defendant.
`
`Case No. 2:24-cv-4711
`COMPLAINT FOR PATENT
`INFRINGEMENT
` JURY DEMANDED
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`Plaintiff The Procter & Gamble Company (“P&G”) files this Complaint for
`patent infringement against Dr. Squatch, LLC (“Dr. Squatch”) and alleges as follows:
`NATURE OF THE ACTION
`This is an action for patent infringement under the Patent Laws of the
`1.
`United States, 35 U.S.C. §§ 100, et seq., in particular 35 U.S.C. § 271, arising out of
`Dr. Squatch’s manufacture, use, sale, offer for sale, and/or importation of its
`aluminum-free deodorant stick products, including Sticc of the Dead, Wood Barrel
`Bourbon, Coconut Castaway, Fresh Falls, Pine Tar, Birchwood Breeze, Alpine Sage,
`Bay Rum, Rainforest Rapids, Pine Tar, Cool Fresh Aloe, and Summer Citrus
`(collectively, the “Accused Products”) prior to the expiration of U.S. Patent Nos.
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`Petitioner Dr. Squatch
` Ex. 1040
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`

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`Case 2:24-cv-04711 Document 1 Filed 06/05/24 Page 2 of 20 Page ID #:2
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`11,844,752; 11,497,706; 11,540,999; 10,905,647; and 10,966,915 (collectively, the
`“Asserted Patents”).
`
`THE PARTIES
`Plaintiff P&G is a corporation organized and existing under the laws of
`2.
`the State of Ohio, with its principal place of business at 1 Procter & Gamble Plaza,
`Cincinnati, OH 44502. P&G is the owner of the Asserted Patents. P&G is a leading
`consumer products company that makes and sells many different types of consumer
`products, including but not limited to deodorant products and aluminum-free
`deodorant stick products.
`Upon information and belief, Defendant Dr. Squatch, LLC is a
`3.
`corporation organized and existing under the laws of Delaware, with its principal
`place of business at 4065 Glencoe Ave. #300b, Marina Del Rey, California 90292.
`JURISDICTION AND VENUE
`This Court has original jurisdiction over this action under 35 U.S.C. §
`4.
`271 et seq., and 28 U.S.C. §§ 1331 and 1338(a) because P&G asserts patent
`infringement claims.
`This Court has personal jurisdiction over Dr. Squatch, LLC because it
`5.
`is a corporation with its principal place of business in the State of California.
`Upon information and belief, Dr. Squatch has manufactured, used, sold,
`6.
`offered for sale, and/or imported, and will continue to manufacture, use, sell, offer
`for sale, and/or import, the Accused Product throughout the United States, including
`the State of California, and has derived and will derive substantial revenue therefrom.
`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391
`7.
`and 1400(b) because Dr. Squatch resides in this judicial district.
`THE ASSERTED PATENTS
`U.S. Patent No. 11,844,752 (the “’752 Patent”) is entitled “Deodorant
`8.
`Compositions.” The United States Patent and Trademark Office (“USPTO”) issued
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`Case 2:24-cv-04711 Document 1 Filed 06/05/24 Page 3 of 20 Page ID #:3
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`the ’752 Patent on Dec. 19, 2023. P&G is the owner of the ’752 Patent. A true and
`correct copy of the ’752 Patent is attached hereto as Exhibit 1.
`U.S. Patent No. 11,540,999 (the “’999 Patent”) is entitled “Deodorant
`9.
`Compositions.” The USPTO issued the ’999 Patent on January 3, 2023. P&G is the
`owner of the ’999 Patent. A true and correct copy of the ’999 Patent is attached
`hereto as Exhibit 2.
`is entitled,
`10. U.S. Patent No. 11,497,706 (the “’706 Patent”)
`“Antiperspirant and Deodorant Compositions.” The USPTO issued the ’706 Patent
`on November 15, 2022. P&G is the owner of the ’706 Patent. A true and correct
`copy of the ’706 Patent is attached hereto as Exhibit 3.
`is entitled
`(the “’647 Patent”)
`11. U.S. Patent No. 10,905,647
`“Antiperspirant and Deodorant Compositions.” The USPTO issued the ’647 Patent
`on February 2, 2021. P&G is the owner of the ’647 Patent. A true and correct copy
`of the ’647 Patent is attached hereto as Exhibit 4.
`12. U.S. Patent No. 10,966,915 (the “’915 Patent”) is entitled “Deodorant
`Compositions.” The USPTO issued the ’915 Patent on April 6, 2021. P&G is the
`owner of the ’915 Patent. A true and correct copy of the ’915 Patent is attached
`hereto as Exhibit 5.
`13. The claims of the Asserted Patents are valid and enforceable.
`THE ACCUSED PRODUCTS
`14. The Accused Products are deodorant sticks.
`15. Each of the Accused Products satisfies all of the elements of at least one
`claim of each of the Asserted Patents.
`16. A representative formula list, specifically of Dr. Squatch’s Fresh Falls
`deodorant product, is shown below in Figure 1.
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`Case 2:24-cv-04711 Document 1 Filed 06/05/24 Page 4 of 20 Page ID #:4
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`Figure 1: Fresh Falls deodorant ingredient list. See Ex. 6 at 1.
`17. As shown in Figure 1, the Accused Products comprise triglycerides.
`18. As shown in Figure 1, the Accused Products comprise a structurant, e.g.,
`stearyl alcohol.
`19. As shown in Figure 1, the Accused Products comprise an antimicrobial,
`e.g., magnesium hydroxide.
`20. The Accused Products are anhydrous, as shown, e.g., by the lack of
`“water” as a listed ingredient in Figure 1.
`21. Dr. Squatch advertises the Accused Products as aluminum free, as
`shown below in Figure 2.
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`Case 2:24-cv-04711 Document 1 Filed 06/05/24 Page 5 of 20 Page ID #:5
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`Figure 2: Fresh Falls deodorant packaging. See Ex. 7 at 1.
`22. Dr. Squatch also advertises the Accused Products as being silicone free,
`as shown below in Figure 3.
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`
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`Figure 3: Fresh Falls and Alpine Sage product description from Amazon.com. See
`Ex. 8 at 1.
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`DR. SQUATCH’S INFRINGING ACTIVITY
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`The’752 Patent
`23. Based on the foregoing in paragraphs 1 to 22, it is apparent that the
`Accused Products directly infringe at least claim 1 of the ’752 Patent, which reads as
`follows:
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`1. A deodorant stick comprising:
`a. at least one antimicrobial; and
`b. a structurant that is stearyl alcohol; said stick being
`free of an aluminum salt; and
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`INFRINGEMENT
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`Case 2:24-cv-04711 Document 1 Filed 06/05/24 Page 6 of 20 Page ID #:6
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`said stick having a hardness from about 80 mm*10
`to about 140 m*10, as measured by penetration with
`ASTM D-1321 needle;
`wherein the deodorant stick is anhydrous and is
`substantially free of silicones.
`24. The Accused Products are deodorant sticks.
`25. The Accused Products comprise at least one antimicrobial.
`26. The Accused Products comprise a structurant that is stearyl alcohol.
`27. The Accused Products are free of an aluminum salt.
`28. The Accused Products have a hardness from about 80 mm*10 to about
`140 mm*10, as measured by penetration with ASTM D-1321 needle.
`29. The Accused Products are anhydrous.
`30. The Accused Products are substantially free of silicones.
`31. P&G has virtually marked and continues to virtually mark the ’752
`Patent at https://www.pg.com/patents/brands/, pursuant to 35 U.S.C. § 287(a).
`The ’999 Patent
`32. The Accused Products also directly infringe at least claim 1 of the ’999
`Patent, which reads:
`1. A deodorant stick comprising:
`a. at least one antimicrobial comprising magnesium
`hydroxide; and
`b. a primary structurant with a melting point of at least
`about 50° C.; and
`said stick being free of an aluminum salt; and
`said stick having a hardness from about 80 mm*10
`to about 140 mm*10, as measured by penetration
`with ASTM D-1321 needle.
`33. The Accused Products are deodorant sticks.
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`COMPLAINT FOR PATENT
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`Case 2:24-cv-04711 Document 1 Filed 06/05/24 Page 7 of 20 Page ID #:7
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`34. The Accused Products comprise at least one antimicrobial comprising
`magnesium hydroxide.
`35. The Accused Products comprise a primary structurant with a melting
`point of at least about 50° Celsius.
`36. The Accused Products are free of an aluminum salt.
`37. The Accused Products have a hardness from about 80 mm*10 to about
`140 mm*10, as measured by penetration with ASTM D-1321 needle.
`38. P&G has virtually marked and continues to virtually mark the ’999
`Patent at https://www.pg.com/patents/brands/, pursuant to 35 U.S.C. § 287(a).
`The ’706 Patent
`39. The Accused Products also directly infringe at least claim 1 of the ’706
`Patent, which reads:
`1. A deodorant stick, comprising:
`at least about 25% by weight liquid triglyceride and
`a primary antimicrobial;
`said deodorant stick being free of an aluminum salt.
`40. The Accused Products are deodorant sticks.
`41. The Accused Products comprise at least about 25% by weight liquid
`triglyceride.
`42. The Accused Products comprise a primary antimicrobial.
`43. The Accused Products are free of an aluminum salt.
`44. P&G has virtually marked and continues to virtually mark the ’706
`Patent at https://www.pg.com/patents/brands/, pursuant to 35 U.S.C. § 287(a).
`The ’647 Patent
`45. The Accused Products also directly infringe at least claim 1 of the ’647
`Patent, which reads:
`1. A deodorant stick comprising:
`a. at least 25% by weight liquid triglyceride;
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`Case 2:24-cv-04711 Document 1 Filed 06/05/24 Page 8 of 20 Page ID #:8
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`b. a primary antimicrobial having a water solubility of at
`most about 90 g/L at 25°C.;
`c. a fragrance composition comprising at least about 50%
`by weight of natural oils, essential oils, or a
`combination thereof; and
`d. a primary structurant with a melting point of at least 50°
`C.;
`said stick being free of an aluminum salt; and
`said deodorant stick having a hardness from about 70
`mm*10 to about 140 mm*10, as measured by
`penetration with ASTM D-1321 needle.
`46. The Accused Products are deodorant sticks.
`47. The Accused products comprise at least 25% by weight liquid
`triglyceride.
`48. The Accused Products comprise a primary antimicrobial having a water
`solubility of at most about 90 g/L at 25° Celsius.
`49. The Accused Products comprise a fragrance composition comprising at
`least about 50% by weight of natural oils, essential oils, or a combination thereof.
`50. The Accused Products comprise a primary structurant with a melting
`point of at least 50° Celsius.
`51. The Accused Products are free of an aluminum salt.
`52. The Accused Products have a hardness from about 70 mm*10 to about
`140 mm*10, as measured by penetration with ASTM D-1321 needle.
`53. P&G has virtually marked and continues to virtually mark the ’647
`Patent at https://www.pg.com/patents/brands/, pursuant to 35 U.S.C. § 287(a).
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`Case 2:24-cv-04711 Document 1 Filed 06/05/24 Page 9 of 20 Page ID #:9
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`The ’915 Patent
`54. The Accused Products also directly infringe at least claim 1 of the ’915
`Patent, which reads:
`1. A deodorant stick comprising:
`a. at least about 25% of a liquid triglyceride;
`b. at least one antimicrobial; and
`c. a primary structurant with a melting point of at
`least about 50° Celsius; and wherein said stick is
`free of an aluminum salt.
`55. The Accused Products are deodorant sticks.
`56. The Accused Products comprise at least about 25% of a liquid
`triglyceride.
`57. The Accused Products comprise at least one antimicrobial.
`58. The Accused Products comprise a primary structurant with a melting
`point at least about 50° Celsius.
`59. The Accused Products are free of an aluminum salt.
`60. P&G has virtually marked and continues to virtually mark the ’915
`Patent at https://www.pg.com/patents/brands/, pursuant to 35 U.S.C. § 287(a).
`DR. SQUATCH’S KNOWLEDGE OF THE ASSERTED PATENTS
`61. Dr. Squatch has had actual knowledge of the Asserted Patents at least
`since November 1, 2022. On that date, P&G sent a letter to Mr. Jack Haldrup, CEO
`of Dr. Squatch, informing Dr. Squatch of its infringement of the ’915, ’647, and ’706
`Patents. Subsequently, on October 3, 2023, P&G sent an email notifying Dr. Squatch
`of its infringement of the ’999 Patent. On December 21, 2023, P&G sent an email
`notifying Dr. Squatch of its infringement of the ’752 Patent.
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`Case 2:24-cv-04711 Document 1 Filed 06/05/24 Page 10 of 20 Page ID #:10
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`COUNT ONE
`INFRINGEMENT OF U.S. PATENT NO. 11,884,752
`62. P&G realleges, adopts, and incorporates by reference the allegations
`included in the foregoing paragraphs as if fully set forth herein.
`63. The ’752 Patent is currently in force and presumed valid.
`64. Dr. Squatch manufactures, uses, offers for sale, sells, markets, and/or
`distributes the Accused Products.
`65. Such manufacture, use, sale, offer for sale, and/or importation directly
`infringes, induces others to infringe, and contributes to the infringement by others of
`each and every limitation of at least one claim of the ’752 Patent under 35 U.S.C. §
`271(a), (b), and (c) in this Judicial District and elsewhere.
`66. P&G has been and continues to be damaged by Dr. Squatch’s
`infringement of the ’752 Patent.
`67. P&G has suffered and continues to suffer irreparable harm with no
`adequate remedy at law unless this Court enjoins Dr. Squatch and its agents, servants,
`employees, attorneys, representatives, and all others acting on their behalf from
`directly infringing, inducing infringement, and/or contributing to infringement of
`the ’752 Patent.
`68. The balance of hardships favors an injunction, and such injunction
`would not disserve the public interest.
`69. Dr. Squatch’s infringement of the ’752 Patent has been with actual
`knowledge as of at least December 21, 2023 when P&G informed Dr. Squatch of its
`infringement by email.
`70. Dr. Squatch’s infringement has been and continues to be deliberate,
`willful, and unlicensed, permitting P&G to seek enhanced damages under 35 U.S.C.
`§ 284.
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`71. Dr. Squatch’s infringement has been and continue to be deliberate,
`willful, and unlicensed, permitting P&G to seek attorneys’ fees and costs under 35
`U.S.C. § 285.
`In the alternative, and upon information and belief, Dr. Squatch is
`72.
`vicariously liable under § 271(a) for direct infringement by exercising control or
`direction over at least one contract manufacturer pursuant to a principal-agent
`relationship, a contractual relationship, a joint enterprise, or other like arrangement.
`73. Upon information and belief, the at least one contract manufacturer acts
`at the direction, under the control, and for the benefit of Dr. Squatch with respect to
`the making or use of the Accused Products.
`74. Upon information and belief, Dr. Squatch has an agreement with at least
`one contract manufacturer to make the Accused Products, such that the contract
`manufacturer’s making of the Accused Products literally infringes at least one claim
`of the ’752 Patent.
`75. Therefore, P&G seeks a judgment that Dr. Squatch directly infringes,
`induces infringement of, and contributes to infringement of at least one claim of
`the ’752 Patent by the manufacture, use, sale, offer for sale, and/or importation of the
`Accused Products.
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`COUNT TWO
`INFRINGEMENT OF U.S. PATENT NO. 11,540,999
`76. P&G realleges, adopts, and incorporates by reference the allegations
`included in the foregoing paragraphs as if fully set forth herein.
`77. The ’999 Patent is currently in force and presumed valid.
`78. Dr. Squatch manufactures, uses, offers for sale, sells, markets, and/or
`distributes the Accused Products.
`79. Such manufacture, use, sale, offer for sale, and/or importation directly
`infringes, induces others to infringe, and contributes to the infringement by others of
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`each and every limitation of at least one claim of the ’999 Patent under 35 U.S.C. §
`271(a), (b), and (c) in this Judicial District and elsewhere.
`80. P&G has been and continues to be damaged by Dr. Squatch’s
`infringement of the ’999 Patent.
`81. P&G has suffered and continues to suffer irreparable harm with no
`adequate remedy at law unless this Court enjoins Dr. Squatch and its agents, servants,
`employees, attorneys, representatives, and all others acting on their behalf from
`directly infringing, inducing infringement, and/or contributing to infringement of
`the ’999 Patent.
`82. The balance of hardships favors an injunction, and such injunction
`would not disserve the public interest.
`83. Dr. Squatch’s infringement of the ’999 Patent has been with actual
`knowledge as of at least October 3, 2023, when P&G informed Dr. Squatch of its
`infringement by email.
`84. Dr. Squatch’s infringement has been and continues to be deliberate,
`willful, and unlicensed, permitting P&G to seek enhanced damages under 35 U.S.C.
`§ 284.
`85. Dr. Squatch’s infringement has been and continue to be deliberate,
`willful, and unlicensed, permitting P&G to seek attorneys’ fees and costs under 35
`U.S.C. § 285.
`86. P&G has been and continues to be damaged by Dr. Squatch’s
`infringement of the ’999 Patent.
`87. P&G has suffered and continues to suffer irreparable harm with no
`adequate remedy at law unless this Court enjoins Dr. Squatch and its agents, servants,
`employees, attorneys, representatives, and all others acting on their behalf from
`directly infringing, inducing infringement, and/or contributing to infringement of
`the ’999 Patent.
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`88. The balance of hardships favors an injunction, and such injunction
`would not disserve the public interest.
`89. Dr. Squatch’s infringement has been and continues to be deliberate,
`willful, and unlicensed, permitting P&G to seek enhanced damages under 35 U.S.C.
`§ 284.
`90. Dr. Squatch’s infringement has been and continue to be deliberate,
`willful, and unlicensed, permitting P&G to seek attorneys’ fees and costs under 35
`U.S.C. § 285.
`91. Therefore, P&G seeks a judgment that Dr. Squatch directly infringes,
`induces infringement of, and contributes to infringement of each and every limitation
`of at least one claim of the ’999 Patent by manufacture, use, sale, offer for sale, and/or
`importation of the Accused Products.
`In the alternative, and upon information and belief, Dr. Squatch is
`92.
`vicariously liable under § 271(a) for direct infringement by exercising control or
`direction over at least one contract manufacturer pursuant to a principal-agent
`relationship, a contractual relationship, a joint enterprise, or other like arrangement.
`93. Upon information and belief, the at least one contract manufacturer acts
`at the direction, under the control, and for the benefit of Dr. Squatch with respect to
`the making or use of the Accused Products.
`94. Upon information and belief, Dr. Squatch has an agreement with at least
`one contract manufacturer to make the Accused Products, such that the contract
`manufacturer’s making of the Accused Products literally infringes at least one claim
`of the ’999 Patent.
`95. Therefore, P&G seeks a judgment that Dr. Squatch directly infringes,
`induces infringement of, and contributes to infringement of each and every limitation
`of at least one claim of the ’999 Patent by the manufacture, use, sale, offer for sale,
`and/or importation of the Accused Products.
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`COMPLAINT FOR PATENT
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`Case 2:24-cv-04711 Document 1 Filed 06/05/24 Page 14 of 20 Page ID #:14
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`COUNT THREE
`INFRINGEMENT OF U.S. PATENT NO. 11,497,706
`96. P&G realleges, adopts, and incorporates by reference the allegations
`included in the foregoing paragraphs as if fully set forth herein.
`97. The ’706 Patent is currently in force and presumed valid.
`98. Dr. Squatch manufactures, uses, offers for sale, sells, markets, and/or
`distributes the Accused Products.
`99. Such manufacture, use, sale, offer for sale, and/or importation directly
`infringes, induces others to infringe, and contributes to the infringement by others of
`each and every claim of at least one limitation of the ’706 Patent under 35 U.S.C. §
`271(a), (b), and (c) in this Judicial District and elsewhere.
`100. P&G has been and continues to be damaged by Dr. Squatch’s
`infringement of the ’706 Patent.
`101. P&G has suffered and continues to suffer irreparable harm with no
`adequate remedy at law unless this Court enjoins Dr. Squatch and its agents, servants,
`employees, attorneys, representatives, and all others acting on their behalf from
`directly infringing, inducing infringement, and/or contributing to infringement of
`the ’706 Patent.
`102. The balance of hardships favors an injunction, and such injunction
`would not disserve the public interest.
`103. Dr. Squatch’s infringement of the ’706 Patent has been with actual
`knowledge as of at least November 1, 2022, when P&G informed Dr. Squatch of its
`infringement by letter to Mr. Jack Haldrup, CEO of Dr. Squatch.
`104. Dr. Squatch’s infringement has been and continues to be deliberate,
`willful, and unlicensed, permitting P&G to seek enhanced damages under 35 U.S.C.
`§ 284.
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`

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`Case 2:24-cv-04711 Document 1 Filed 06/05/24 Page 15 of 20 Page ID #:15
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`105. Dr. Squatch’s infringement has been and continue to be deliberate,
`willful, and unlicensed, permitting P&G to seek attorneys’ fees and costs under 35
`U.S.C. § 285.
`106. In the alternative, and upon information and belief, Dr. Squatch is
`vicariously liable under § 271(a) for direct infringement by exercising control or
`direction over at least one contract manufacturer pursuant to a principal-agent
`relationship, a contractual relationship, a joint enterprise, or other like arrangement.
`107. Upon information and belief, the at least one contract manufacturer acts
`at the direction, under the control, and for the benefit of Dr. Squatch with respect to
`the making or use of the Accused Products.
`108. Upon information and belief, Dr. Squatch has an agreement with at least
`one contract manufacturer to make the Accused Products, such that the contract
`manufacturer’s making of the Accused Products literally infringes at least one claim
`of the ’706 Patent.
`109. Therefore, P&G seeks a judgment that Dr. Squatch directly infringes,
`induces infringement of, and contributes to infringement of each and every limitation
`of at least one claim of the ’706 Patent by the manufacture, use, sale, offer for sale,
`and/or importation of the Accused Products.
`COUNT FOUR
`INFRINGEMENT OF U.S. PATENT NO. 10,905,647
`110. P&G realleges, adopts, and incorporates by reference the allegations
`included in the foregoing paragraphs as if fully set forth herein.
`111. The ’647 Patent is currently in force and presumed valid.
`112. P&G has been and continues to be damaged by Dr. Squatch’s
`infringement of the ’647 Patent.
`113. P&G has suffered and continues to suffer irreparable harm with no
`adequate remedy at law unless this Court enjoins Dr. Squatch and its agents, servants,
`employees, attorneys, representatives, and all others acting on their behalf from
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`- 15 -
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`

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`Case 2:24-cv-04711 Document 1 Filed 06/05/24 Page 16 of 20 Page ID #:16
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`directly infringing, inducing infringement, and/or contributing to infringement of
`the ’647 Patent.
`114. The balance of hardships favors an injunction, and such injunction
`would not disserve the public interest.
`115. Dr. Squatch’s infringement of the ’647 Patent has been with actual
`knowledge as of at least November 1, 2022, when P&G informed Dr. Squatch of its
`infringement by letter to Mr. Jack Haldrup, CEO of Dr. Squatch.
`116. Dr. Squatch’s infringement has been and continues to be deliberate,
`willful, and unlicensed, permitting P&G to seek enhanced damages under 35 U.S.C.
`§ 284.
`117. Dr. Squatch’s infringement has been and continue to be deliberate,
`willful, and unlicensed, permitting P&G to seek attorneys’ fees and costs under 35
`U.S.C. § 285.
`118. In the alternative, and upon information and belief, Dr. Squatch is
`vicariously liable under § 271(a) for direct infringement by exercising control or
`direction over at least one contract manufacturer pursuant to a principal-agent
`relationship, a contractual relationship, a joint enterprise, or other like arrangement.
`119. Upon information and belief, the at least one contract manufacturer acts
`at the direction, under the control, and for the benefit of Dr. Squatch with respect to
`the making or use of the Accused Products.
`120. Upon information and belief, Dr. Squatch has an agreement with at least
`one contract manufacturer to make the Accused Products, such that the contract
`manufacturer’s making of the Accused Products literally infringes at least one claim
`of the ’647 Patent.
`121. Therefore, P&G seeks a judgment that Dr. Squatch directly infringes,
`induces infringement of, and contributes to infringement of each and every limitation
`of at least one claim of the ’647 Patent by the manufacture, use, sale, offer for sale,
`and/or importation of the Accused Products.
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`- 16 -
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`

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`Case 2:24-cv-04711 Document 1 Filed 06/05/24 Page 17 of 20 Page ID #:17
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`COUNT FIVE
`INFRINGEMENT OF U.S. PATENT NO. 10,966,915
`122. P&G realleges, adopts, and incorporates by reference the allegations
`included in the foregoing paragraphs as if fully set forth herein.
`123. The USPTO thoroughly examined the ’915 Patent. It is currently in
`force and presumed valid.
`124. P&G has been and continues to be damaged by Dr. Squatch’s
`infringement of the ’915 Patent.
`125. P&G has suffered and continues to suffer irreparable harm with no
`adequate remedy at law unless this Court enjoins Dr. Squatch and its agents, servants,
`employees, attorneys, representatives, and all others acting on their behalf from
`directly infringing, inducing infringement, and/or contributing to infringement of
`the ’915 Patent.
`126. The balance of hardships favors an injunction, and such injunction
`would not disserve the public interest.
`127. Dr. Squatch’s infringement of the ’915 Patent has been with actual
`knowledge as of at least November 1, 2022, when P&G informed Dr. Squatch of its
`infringement by letter to Mr. Jack Haldrup, CEO of Dr. Squatch.
`128. Dr. Squatch’s infringement has been and continues to be deliberate,
`willful, and unlicensed, permitting P&G to seek enhanced damages under 35 U.S.C.
`§ 284.
`129. Dr. Squatch’s infringement has been and continue to be deliberate,
`willful, and unlicensed, permitting P&G to seek attorneys’ fees and costs under 35
`U.S.C. § 285.
`130. In the alternative, and upon information and belief, Dr. Squatch is
`vicariously liable under § 271(a) for direct infringement by exercising control or
`direction over at least one contract manufacturer pursuant to a principal-agent
`relationship, a contractual relationship, a joint enterprise, or other like arrangement.
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`- 17 -
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`

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`Case 2:24-cv-04711 Document 1 Filed 06/05/24 Page 18 of 20 Page ID #:18
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`131. Upon information and belief, the at least one contract manufacturer acts
`at the direction, under the control, and for the benefit of Dr. Squatch with respect to
`the making or use of the Accused Products.
`132. Upon information and belief, Dr. Squatch has an agreement with at least
`one contract manufacturer to make the Accused Products, such that the contract
`manufacturer’s making of the Accused Products literally infringes at least one claim
`of the ’915 Patent.
`133. Therefore, P&G seeks a judgment that Dr. Squatch directly infringes,
`induces infringement of, and contributes to infringement of each and every limitation
`of at least one claim of the ’915 Patent by the manufacture, use, sale, offer for sale,
`and/or importation of the Accused Products.
`PRAYER FOR RELIEF
`WHEREFORE, P&G prays for judgment against Dr. Squatch as follows:
`a.
`Declaring that Dr. Squatch has infringed each and every limitation of
`one or more claims of the Asserted Patents, and that the manufacture, use, sale, offer
`for sale, and/or importation of the Accused Products infringes one or more claims of
`U.S. Patent Nos. 11,844,752; 11,497,706; 11,540,999; 10,905,647; and 10,966,915.
`b.
`For an order permanently enjoining Dr. Squatch, its officers, agents,
`servants, and employees, and those in active concert or participation with any of the
`them, from infringing U.S. Patent Nos. 11,844,752; 11,497,706; 11,540,999;
`10,905,647; and 10,966,915.
`c.
`For an accounting of all damages sustained by P&G as a result of Dr.
`Squatch’s infringing activities;
`d.
`For actual damages together with prejudgment interest;
`e.
`For an order declaring this to be an exceptional case under 35 U.S.C. §
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`285;
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`- 18 -
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`

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`Case 2:24-cv-04711 Document 1 Filed 06/05/24 Page 19 of 20 Page ID #:19
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`For an award of attorney fees and costs incurred in prosecuting this
`f.
`action, together with pre-judgment and post-judgment interest; and
`g.
`For such other and further relief as this Court deems just and proper.
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`

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`Case 2:24-cv-04711 Document 1 Filed 06/05/24 Page 20 of 20 Page ID #:20
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`
`Dated:
`
`
`June 5, 2024
`
`JONES DAY
`
`By: /s/ Andrea W. Jeffries
`Andrea W. Jeffries, Bar No. 183408
`ajeffries@jonesday.com
`Jones Day
`555 South Flower Street
`Fiftieth Floor
`Los Angeles, California 90071.2452
`Telephone: +1.213.489.3939
`Facsimile:
`+1.213.243.2539
`Attorney for Defendant
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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