This case was last updated from U.S. District Courts on 01/15/2022 at 09:05:24 (UTC).

Novoluto GmbH v. Clio Designs Incorporated

Case Summary

On November 16, 2021, Novoluto GmbH (“Novoluto” or “Plaintiff”), represented by Andrew T. O'Connor of Goulston & Storrs, filed an intellectual property lawsuit against Clio Designs, Inc. (“Clio” or “Defendant”), seeking damages and other reliefs for the Defendant’s alleged infringement of the Patents owned by the Plaintiff. This case was filed in U.S. District Court in the District of Massachusetts with Judge Donald L. Cabell presiding.

 

This complaint arises from Defendant’s alleged unlawful infringement of the United States patent owned by Plaintiff: United States Patent No. 9,763,851 titled “Stimulation Device” (“the ’851 Patent” or “the Asserted Patent”).

 

In the complaint, the Plaintiff alleged that, “Clio has directly infringed one or more claims of the Asserted Patent by making, using, selling, offering to sell, and/or importing stimulation devices such as Clio’s “plusOne Air Pulsing Arouser” (the “plusOne Air” or “Accused Product”). This infringement has been willful as Clio knew about Novoluto’s patented products and its patent when Clio intentionally designed the Accused Product to be a less-expensive version of Novoluto’s patented products.”

 

The Plaintiff also alleged that, “Defendant has infringed at least claim 1 of the ’851 Patent at least by making, using, selling, offering to sell, and/or importing stimulation devices, such as the devices referred to as plusOne Air, sold in the United States at brick and mortar stores and online through at least CVS (available at https://www.cvs.com/shop/plusone-air-pulsing-arouser-prodid-2600055), Walmart (available at https://www.walmart.com/ip/Plusone-Air-Pulsing-Arouser/915107452), Target (available at https://www.target.com/p/plusone-air-pulsing-aarouser-5-92oz/-/A-79140749), and Amazon (available at https://www.amazon.com/dp/B07XD86XSD), in addition to through Clio’s own website (available at https://myplusone.com/our-products).”

 

Further, the Plaintiff alleged that, “The Accused Product directly infringes at least claim 1 of the ’851 Patent under 35 U.S.C. § 271(a), as shown in the claim chart attached as Exhibit 10. Novoluto has been damaged as a result of Defendant’s infringing conduct. Thus, Defendant is liable to Novoluto in an amount that adequately compensates it for such infringement, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. § 284.”

 

The only claim for relief laid down by the Plaintiff is for the alleged infringement of the Patent-in-suit.

 

In their prayer for relief, the Plaintiff has requested the Court to pass a judgment that one or more claims of the Asserted Patent have been infringed, either literally and/or under the doctrine of equivalents, by Defendant along with permanent injunctive relief and an award of damages under 35 U.S.C. § 284 including an award of all increased damages to which Novoluto is entitled under 35 U.S.C. § 284 and pre- and post-judgment interest, attorneys’ fees, costs and such further relief as the Court may deem just and proper. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-11858

  • Filing Date:

    11/16/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judges

Donald L. Cabell

Angel Kelley

 

Party Details

Plaintiff

Novoluto GmbH

Defendant

Clio Designs Incorporated

Attorney/Law Firm Details

Plaintiff Attorneys

Andrew T. O'Connor

Attorney at Goulston & Storrs

400 Atlantic Avenue

Boston, MA 02110

Lisa E. Margonis

Attorney at Osha Bergman Watanabe & Burton LLP

909 Fannin Streetsuite 3500

Houston, TX 77010

Tammy J. Terry

Attorney at Osha Bergman Watanabe & Burton LLP

909 Fannin St.Suite 3500

Houston, TX 77010

Defendant Attorney

Robert H. Stier, Jr.

Attorney at Pierce Atwood LLP

254 Commercial Street

Portland, ME 04101

 

Court Documents

#18

(#18) District Judge Angel Kelley: SETTLEMENT ORDER OF DISMISSAL entered. (Lara, Miguel) (Entered: 01/06/2022)

14 #1

Exhibit A - Affidavit

14 #14

Main Document

13 #1

Exhibit A - Affidavit

13 #13

Main Document

#11

(#11) Refusal to Consent to Proceed Before a US Magistrate Judge. . (O'Connor, Andrew) (Entered: 12/16/2021)

#8

(#8) Assented to MOTION for Extension of Time to January 7, 2022 to File Answer by Clio Designs Incorporated.(Stier, Robert) (Entered: 12/01/2021)

#7

(#7) NOTICE of Appearance by Robert H. Stier, Jr on behalf of Clio Designs Incorporated (Stier, Robert) (Entered: 12/01/2021)

#6

(#6) SUMMONS Returned Executed Clio Designs Incorporated served on 11/17/2021, answer due 12/8/2021. (O'Connor, Andrew) (Entered: 12/01/2021)

#5

(#5) Summons Issued as to Clio Designs Incorporated. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service.. (Entered: 11/16/2021)

#3

(#3) CORPORATE DISCLOSURE STATEMENT by Novoluto GmbH identifying Corporate Parent IntiHealth Ger GmbH for Novoluto GmbH.. (O'Connor, Andrew) (Entered: 11/16/2021)

#2

(#2) REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (O'Connor, Andrew) (Entered: 11/16/2021)

1 #12

Category Form

1 #9

Exhibit 9

1 #6

Exhibit 6

1 #4

Exhibit 4

1 #3

Exhibit 3

1 #2

Exhibit 2

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Docket Entries

  • 01/06/2022
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  • Docket(#18) District Judge Angel Kelley: SETTLEMENT ORDER OF DISMISSAL entered. (Lara, Miguel) (Entered: 01/06/2022)

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  • 12/17/2021
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  • Docket(#17) District Judge Angel Kelley: ELECTRONIC ORDER entered granting #14 Motion for Leave to Appear Pro Hac Vice. Added Lisa E. Margonis. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Pacho, Arnold) (Entered: 12/17/2021)

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  • 12/17/2021
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  • Docket(#16) District Judge Angel Kelley: ELECTRONIC ORDER entered granting #13 Motion for Leave to Appear Pro Hac Vice. Added Tammy J. Terry. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Pacho, Arnold) (Entered: 12/17/2021)

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  • 12/16/2021
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  • Docket(#15) NOTICE OF ATTORNEY PAYMENT OF FEES as to #13 MOTION for Leave to Appear Pro Hac Vice for admission of Tammy J. Terry by Plaintiff Novoluto GmbH. Filing fee $ 100, receipt number AMADC-9102022. Payment Type : PRO HAC VICE. (O'Connor, Andrew) (Entered: 12/16/2021)

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  • 12/16/2021
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  • Docket(#14) MOTION for Leave to Appear Pro Hac Vice for admission of Lisa Erin Margonis Filing fee: $ 100, receipt number AMADC-9101989 by Novoluto GmbH. (Attachments: #1 Exhibit A - Affidavit)(O'Connor, Andrew) (Entered: 12/16/2021)

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  • 12/16/2021
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  • Docket(#13) MOTION for Leave to Appear Pro Hac Vice for admission of Tammy J. Terry by Novoluto GmbH. (Attachments: #1 Exhibit A - Affidavit)(O'Connor, Andrew) (Entered: 12/16/2021)

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  • 12/16/2021
  • Docket(#12) ELECTRONIC NOTICE of Case RE-Assignment. District Judge Angel Kelley assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) (Entered: 12/16/2021)

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  • 12/16/2021
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  • Docket(#11) Refusal to Consent to Proceed Before a US Magistrate Judge. . (O'Connor, Andrew) (Entered: 12/16/2021)

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  • 12/10/2021
  • Docket(#10) ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (Russo, Noreen) (Entered: 12/10/2021)

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  • 12/10/2021
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  • Docket(#9) Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting #8 Motion for Extension of Time to Answer re #8 Assented to MOTION for Extension of Time to January 7, 2022 to File Answer (Russo, Noreen) (Entered: 12/10/2021)

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  • 12/01/2021
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  • Docket(#8) Assented to MOTION for Extension of Time to January 7, 2022 to File Answer by Clio Designs Incorporated.(Stier, Robert) (Entered: 12/01/2021)

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  • 12/01/2021
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  • Docket(#7) NOTICE of Appearance by Robert H. Stier, Jr on behalf of Clio Designs Incorporated (Stier, Robert) (Entered: 12/01/2021)

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  • 12/01/2021
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  • Docket(#6) SUMMONS Returned Executed Clio Designs Incorporated served on 11/17/2021, answer due 12/8/2021. (O'Connor, Andrew) (Entered: 12/01/2021)

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  • 11/16/2021
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  • Docket(#5) Summons Issued as to Clio Designs Incorporated. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service.. (Entered: 11/16/2021)

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  • 11/16/2021
  • Docket(#4) NOTICE of Case Assignment. Magistrate Judge Donald L. Cabell assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary) (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#3) CORPORATE DISCLOSURE STATEMENT by Novoluto GmbH identifying Corporate Parent IntiHealth Ger GmbH for Novoluto GmbH.. (O'Connor, Andrew) (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#2) REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (O'Connor, Andrew) (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#1) COMPLAINT against Clio Designs Incorporated Filing fee: $ 402, receipt number AMADC-9057585 (Fee Status: Filing Fee paid), filed by Novoluto GmbH. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Civil Cover Sheet, #12 Category Form)(O'Connor, Andrew) (Entered: 11/16/2021)

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