Novoluto GmbH v. Clio Designs Incorporated (D. Mass. 21-cv-11858).

Novoluto accuses Newton’s Clio Designs of infringing its U.S. Patent No. 9,763,851, directed to a “Stimulation Device” through sales of Clio’s “plusOne Air Pulsing Arouser” product.  Novoluto, a German company, sells a commercial embodiment of the ‘851 patent under a name that translates to “Womanizer,” which it apparently did not realize bears “an unfortunate colloquial negative connotation” in the United States.  Novoluto says that the Womanizer was so successful that many other entities sought to copy it and tried to clear the patent field by instituting an inter partes review of the ‘851 patent that resulted in all challenged claims being upheld.  Novoluto says that Clio deliberately copied the product, as evidenced by a New York Times profile of Clio’s CEO that referenced Clio’s products being inspired by products including the Womanizer.  The article featured photographs of the CEO sitting at a table in his facility in which sketches of various products, including what appears to be a hand-drawn sketch of one of the drawings from the ‘851 patent, pinned to a bulletin board next to his table.  The article also included a photograph of a series of products hanging on the wall, including a Womanizer product contained in a Ziploc bag with the words “Womanizer Premium” written on the bag.  In light of this, Novoluto asserts willful patent infringement.  The case is before Magistrate Judge Cabell.