RW IP Holdings sued Standard Innovation Corp. for infringement of U.S. Patent No. 6,028,531, 201cTerminal Units for a Mobile Communications System 201d by its sales of We-Vibe 00ae adult toys that can be controlled remotely through a smartphone or the like. Direct, contributory and induced infringement are alleged, and damages, enhancement for willfulness, and attorneys 2019 fees are sought; no injunction is being sought however, as it appears the patent (which has a priority date of October 12, 1996) has expired.
Potentially of interest, Standard Innovation is alleged to be a Canadian corporation located in Ontario. While the complaint alleges advertising and sales into Massachusetts, there are no allegations that Standard Innovation has a regular and established place of business in the state. At present, it is unclear whether the venue requirements of TC Heartland will apply to foreign corporations, which previously could be sued in any venue in which personal jurisdiction could be established 2013 the TC Heartland decision notes that the Court was not expressing an opinion on the subject. It will be interesting to see whether a venue challenge is made in this case.
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