This case was last updated from U.S. District Courts on 12/03/2021 at 08:00:56 (UTC).

Qorvo, Inc. v. Akoustis Technologies, Inc. et al

Case Summary

On October 4, 2021, Qorvo, Inc. (“Plaintiff” or “Qorvo”), represented by Jack B. Blumenfeld and Jeremy A. Tigan of Morris, Nichols, Arsht & Tunnell LLP, filed an intellectual property lawsuit against Akoustis Technologies, Inc. and Akoustis, Inc. (collectively “Defendants” or “Akoustis”), seeking injunctive relief, punitive damages, costs, pre-judgment and post-judgment interest and other reliefs for Defendants’ alleged patent infringement, false advertising, false patent marking, and unfair competition. This case was filed in U.S. District Court in the District of Delaware with Judge Richard G. Andrews presiding.

This is an action for alleged patent infringement of United States Patent Nos. 7,522,018 (the “’018 Patent”) and 9,735,755 (the “’755 Patent”) (collectively, the “Patents-in-suit”), false advertising, false patent marking, and unfair competition respectively arising under the patent laws of the United States, 35 U.S.C. § 1, et seq., the Lanham Act, 15 U.S.C. § 1125, and North Carolina law.

In the complaint, the Plaintiff alleged that, “Akoustis infringes the ’018 Patent under 35 U.S.C. § 271(a), by making, using, selling, or offering for sale the 3-7 GHz BAW RF filter portfolio including, but not limited to its 5.2 GHz RF BAW filters (i.e., AKF-1252), 5.6 GHz RF BAW filters (i.e., AKF-1256), 3.6 GHz CBRS bandpass BAW filters (i.e., AKF-1336), and 3.5 GHz 5G coexistence BAW filters (i.e., AKF-10235) and related products (collectively the “Accused Products”), each of which utilizes the inventions disclosed and claimed in the ’018 Patent. On information and belief, each of the Accused Products is of similar design and construction as it pertains to the ’018 Patent.”

The Plaintiff also alleged that, “Akoustis falsely or misleadingly represents to the consuming public, customers, potential customers (collectively, the “target customers”) and investors that Akoustis’ BAW filters are of a “single crystal” construction to support a claim of superior performance over the competition. However, Akoustis’ BAW filters are, in fact, polycrystalline.”



Further, the Plaintiff alleged that, “Akoustis falsely marked the Accused Products with purpose or intent to deceive the public that the Accused Products were covered by U.S. Patent No. 10,256,786 in violation of 35 U.S.C. § 292. Akoustis engaged in the false marketing of its products to support a claim that the products are innovative and result in superior performance. Akoustis’ false marking is material because it is likely to influence the purchasing decisions of the target customers. Akoustis’ false marking has competitively injured, and is likely to further competitively injure, Qorvo by diverting sales from target customers and through loss of their goodwill.”

There are five claims for relief laid down by the Plaintiff. The first and second claims alleged are for infringement of the patents-in-suit, the third claim alleged is for violation of the Lanham Act for false advertising under 15 U.S.C. § 1125(a), the fourth claim alleged is for false patent marking under 35 U.S.C. § 292 and the fifth claim alleged is for unfair and deceptive trade practices prohibited by N.C.G.S. § 75- 1.

In the prayer for relief, the Plaintiff has requested the Court to pass judgment in favour of Plaintiff along with an award of preliminary and permanent injunctive relief and an award of actual, compensatory, consequential, liquidated, treble, special and punitive damages including profits, gains, advantages or the value of business opportunities received from the foregoing acts of infringement along with pre-judgment and post-judgment interest. Furthermore, the Plaintiff requested the Court for treble damages and attorney fees in view of Akoustis’ violation of N.C. Gen. Stat. § 75-1-1 and any 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-01417

  • Filing Date:

    10/04/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Richard G. Andrews

 

Party Details

Plaintiff

Qorvo, Inc.

Defendants

Akoustis Technologies, Inc.

Akoustis, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Jack B. Blumenfeld

Attorney at Morris, Nichols, Arsht & Tunnell LLP

1201 North Market Street, P.O. Box 1347

Wilmington, DE 19899

Jeremy A. Tigan

Attorney at Morris, Nichols, Arsht & Tunnell LLP

1201 North Market Street, P.O. Box 1347

Wilmington, DE 19899

Defendant Attorney

Ronald P. Golden, III

Attorney at Bayard, P.A.

600 N. King Street, Ste 400

Wilmington, DE 19801

 

Court Documents

#12

(#12) DECLARATION re #11 Opening Brief in Support, by Akoustis Technologies, Inc., Akoustis, Inc.. (Golden, Ronald) Modified on 11/24/2021 (nms). (Entered: 11/24/2021)

11 #1

Exhibit 1

#11

(#11) OPENING BRIEF in Support re #10 MOTION to Dismiss, filed by Akoustis Technologies, Inc., Akoustis, Inc..Answering Brief/Response due date per Local Rules is 12/8/2021. (Attachments: #1 Exhibit 1)(Golden, Ronald) Modified on 11/24/2021 (nms). (Entered: 11/24/2021)

10 #1

Text of Proposed Order

#10

(#10) MOTION to Dismiss - filed by Akoustis Technologies, Inc., Akoustis, Inc.. (Attachments: #1 Proposed Order)(Golden, Ronald) Modified on 11/24/2021 (nms). (Entered: 11/24/2021)

#9

(#9) STIPULATION TO EXTEND TIME for Defendants Akoustis Technologies, Inc. and Akoustis, Inc. to Respond to the Complaint to November 29, 2021 - filed by Akoustis Technologies, Inc., Akoustis, Inc.. (Golden, Ronald) (Entered: 10/21/2021)

#8

(#8) SUMMONS Returned Executed by Qorvo, Inc.. Akoustis Technologies, Inc. served on 10/5/2021, answer due 10/26/2021. (Blumenfeld, Jack) (Entered: 10/05/2021)

#7

(#7) SUMMONS Returned Executed by Qorvo, Inc.. Akoustis, Inc. served on 10/5/2021, answer due 10/26/2021. (Blumenfeld, Jack) (Entered: 10/05/2021)

#6

(#6) MOTION for Pro Hac Vice Appearance of Attorney Robert M. Masters, Jonathan R. DeFosse, Timothy P. Cremen, Kevin A. Ryan, and Thomas Carr - filed by Qorvo, Inc.. (Blumenfeld, Jack) (Entered: 10/05/2021)

5 #1

Summons Issued

#5

#4

#3

#2

1 #2

Civil Cover Sheet

9 More Documents Available
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Docket Entries

  • 11/24/2021
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  • Docket(#12) DECLARATION re #11 Opening Brief in Support, by Akoustis Technologies, Inc., Akoustis, Inc.. (Golden, Ronald) Modified on 11/24/2021 (nms). (Entered: 11/24/2021)

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  • 11/24/2021
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  • Docket(#11) OPENING BRIEF in Support re #10 MOTION to Dismiss, filed by Akoustis Technologies, Inc., Akoustis, Inc..Answering Brief/Response due date per Local Rules is 12/8/2021. (Attachments: #1 Exhibit 1)(Golden, Ronald) Modified on 11/24/2021 (nms). (Entered: 11/24/2021)

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  • 11/24/2021
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  • Docket(#10) MOTION to Dismiss - filed by Akoustis Technologies, Inc., Akoustis, Inc.. (Attachments: #1 Proposed Order)(Golden, Ronald) Modified on 11/24/2021 (nms). (Entered: 11/24/2021)

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  • 10/22/2021
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  • DocketSO ORDERED, re #9 STIPULATION TO EXTEND TIME to respond to the Complaint (*Reset Answer Deadlines: Akoustis Technologies, Inc. answer due 11/29/2021; Akoustis, Inc. answer due 11/29/2021). Signed by Judge Richard G. Andrews on 10/22/2021. (nms) (Entered: 10/22/2021)

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  • 10/21/2021
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  • Docket(#9) STIPULATION TO EXTEND TIME for Defendants Akoustis Technologies, Inc. and Akoustis, Inc. to Respond to the Complaint to November 29, 2021 - filed by Akoustis Technologies, Inc., Akoustis, Inc.. (Golden, Ronald) (Entered: 10/21/2021)

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  • 10/06/2021
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  • DocketSO ORDERED, re #6 MOTION for Pro Hac Vice Appearance of Attorney Robert M. Masters, Jonathan R. DeFosse, Timothy P. Cremen, Kevin A. Ryan, and Thomas Carr, filed by Qorvo, Inc.. Signed by Judge Richard G. Andrews on 10/6/2021. (nms) (Entered: 10/06/2021)

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  • 10/06/2021
  • DocketCase Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) (Entered: 10/06/2021)

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  • 10/05/2021
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  • Docket(#8) SUMMONS Returned Executed by Qorvo, Inc.. Akoustis Technologies, Inc. served on 10/5/2021, answer due 10/26/2021. (Blumenfeld, Jack) (Entered: 10/05/2021)

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  • 10/05/2021
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  • Docket(#7) SUMMONS Returned Executed by Qorvo, Inc.. Akoustis, Inc. served on 10/5/2021, answer due 10/26/2021. (Blumenfeld, Jack) (Entered: 10/05/2021)

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  • 10/05/2021
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  • Docket(#6) MOTION for Pro Hac Vice Appearance of Attorney Robert M. Masters, Jonathan R. DeFosse, Timothy P. Cremen, Kevin A. Ryan, and Thomas Carr - filed by Qorvo, Inc.. (Blumenfeld, Jack) (Entered: 10/05/2021)

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  • 10/04/2021
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  • Docket(#5) Summons Issued with Magistrate Consent Notice attached as to Akoustis Technologies, Inc. on 10/4/2021; Akoustis, Inc. on 10/4/2021. (Attachments: #1 Summons Issued)(apk) (Entered: 10/04/2021)

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  • 10/04/2021
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  • Docket(#4) Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Qorvo, Inc.. (apk) (Entered: 10/04/2021)

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  • 10/04/2021
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  • Docket(#3) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,522,018 B2 ;9,735,755 B2. (apk) (Entered: 10/04/2021)

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  • 10/04/2021
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  • Docket(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk) (Entered: 10/04/2021)

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  • 10/04/2021
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  • Docket(#1) COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Akoustis Technologies, Inc., Akoustis, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3713534.) - filed by Qorvo, Inc. (Attachments: #1 Exhibit A-B, #2 Civil Cover Sheet)(apk) (Entered: 10/04/2021)

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