Koninklijke Philips v. IdeaVillage - Complaint

Case 2:21-cv-08706 Document 1 Filed 04/08/21 Page 1 of 49 PageID: 1
William P. Deni, Jr.

J. Brugh Lower
GIBBONS P.C.
One Gateway Center
Newark, New Jersey 07102
Tel: (973) 596-4500
Fax: (973) 596-0545
Mark Sommers (pro hac vice to be submitted)

Elizabeth Ferrill (pro hac vice to be submitted)
Umber Aggarwal (pro hac vice to be submitted)
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
901 New York Avenue, NW
Washington, DC 20001
Tel: (202) 408-4000
Fax: (202) 408-4400
Attorneys for Plaintiff

Koninklijke Philips N.V.
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
KONINKLIJKE PHILIPS N.V.,
Plaintiff, Civil Action No. 21-8706
v. Document Electronically Filed
IDEAVILLAGE PRODUCTS CORP.,
Defendant.
COMPLAINT FOR DESIGN PATENT INFRINGEMENT

AND DEMAND FOR JURY TRIAL
Plaintiff Koninklijke Philips N.V. (“Philips”), by its attorneys, alleges the following,
upon actual knowledge with respect to itself and its own acts and upon information and belief as
to all other matters:
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NATURE OF THE ACTION
1. This is a civil action arising out of IdeaVillage Products Corp.’s (“Defendant” or
“IdeaVillage”) design patent infringement in violation of the Patent Laws of the United States,
35 U.S.C. §§ 271 and 289. Defendant’s accused products infringe the sole claim of U.S. Patent
No. D758,661, the sole claim of U.S. Patent No. D788,368, the sole claim of U.S. Patent No.
D776,878, the sole claim of U.S. Patent No. D870,972, the sole claim of U.S. Patent No.
D905,346 and the sole claim of U.S. Patent No. D748,859 (collectively, the “Asserted Patents”).
PARTIES
2. Philips is a company organized and existing under the laws of the Netherlands
having an office at High Tech Campus 5, 5656 AE, Eindhoven, Netherlands.
3. Upon information and belief, Defendant IdeaVillage is a corporation organized
and existing under the laws of New Jersey, having its principal place of business at 155 Route 46
West, Wayne, New Jersey 07470, United States.
JURISDICTION AND VENUE
4. This Court has subject-matter jurisdiction over Philips’ patent infringement
claims under 35 U.S.C. §§ 271, 281, and 289 and 28 U.S.C. §§ 1331 and 1338(a) .
5. Upon information and belief, this Court has personal jurisdiction over Defendant
at least because Defendant is incorporated in and resides in this District, has continuous and
systematic affiliations in this District, has purposefully distributed the products that infringe the
Asserted Patents in this District, and made those products available for sale in this District
through an established distribution chain; and Philips’ cause of action for design patent
infringement arises out of these activities.
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6. Upon information and belief, venue is proper in this District under 28 U.S.C. §§
1391 and 1400(b) at least because Defendant resides in and is a corporate citizen of this District
and because Defendant has committed acts of infringement in this District.
PHILIPS’ INNOVATIVE AND INDUSTRY-CHANGING ONEBLADE SHAVER
7. Philips is a world-renown company offering a diverse array of products, including
products for personal grooming. Philips manufactures both men’s and women’s personal
grooming products, having sold nearly $365 million men’s shavers and trimmers annually. It has
sold these products worldwide for the last 80 years and in the U.S. for the last 75 years. In 2018,
Philips celebrated the sale of its billionth electric male grooming product. Philips men’s personal
grooming products are sold through major national chains, big-box stores, and a wide assortment
of retail outlets offering personal grooming products throughout the U.S.
8. Philips began manufacturing and selling electric shavers and trimmers in the
1940s and is now the product-category leader for such products. Philips’ success is the result of
constant product innovation and diversification. Philips’ reputation for exceptional product
quality and performance has built strong brand recognition and customer loyalty. Today, Philips
stands as a pioneer of leading and innovative grooming product technologies, including men’s
shavers and trimmers. Committed to bringing cutting-edge designs and technology to
marketplace, Philips dedicates substantial resources towards product research and development.
To date, the U.S. Patent and Trademark Office has issued 3,000 design patents and 40,000
utility patents to Philips and its affiliated companies, including 300 design patents and 500
utility patents in the men’s grooming products field alone. Philips’ total intellectual property
portfolio consists of 60,000 patent rights and 47,800 design rights worldwide.
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9. One of Philips’ most recent and successful product innovations is the OneBlade
men’s shaver. Introduced in 2016, Philips’ OneBlade product comprised a wholly new and
distinctively unique product design that had never been seen before. Specifically, the OneBlade
electric shaver was reminiscent of a traditional non-electric manual razor. This ground-breaking
design appears below:
Philips OneBlade Shaver
10. This design greatly departed from the traditional and typical foil and rotary
electric shavers then in the marketplace, which tended to be bulky and heavier, as shown below.
Other electric shavers including two foil shavers on the left and three rotary shavers on the right
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11. The OneBlade design is also distinctive from other non-traditional shavers with
blade heads, as shown below.
Other non-traditional electric shavers
PHILIPS’ DESIGN PATENTS
12. To protect the unique ornamental appearance of Philips’ shaver design, Philips
obtained U.S. Design Patent Nos. D758,661, D788,368, and D776,878, titled “Grooming
Apparatus,” “Handle for Grooming Apparatus,” “Shaving Head,” respectively.
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Philips’ Patented Shaver Designs
D758,661 D788,368 D776,878
13. In addition to its overall unique design, the OneBlade shaver also includes the
revolutionary and novel looking blade.
Philips’ OneBlade blade
14. The design of the blade further visually distinguishes the OneBlade shaver from
other electric shavers in the marketplace, which traditionally consists of rotary shavers with
circular heads and an internal cutter and foil shavers with straight heads using oscillating internal
blades beneath a foil layer.
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Showing the OneBlade shaver head, a foil shaver head, and a rotary shaver head
15. To protect the ornamental appearance of Philips’ unique blade design for the
OneBlade shaver, Philips obtained U.S. Design Patent Nos. D870,972 and D905,346, both of
which are titled “Blade for Hair Cutting Appliance.”
Philips’ Patented Blade Designs
D870,972 D905,346
16. In sum, the ground-breaking design that is the OneBlade created a distinctly
unique looking electric shaver.
PHILIPS’ INNOVATIVE TRIMMER
17. In addition to the OneBlade shaver, Philips also manufactures and sells an
innovative nose trimmer.
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Philips’ Trimmer Philips’ Patented Designs

(U.S. Design Patent No. D748,859)
18. To protect the unique ornamental appearance of Philips’ nose trimmer design,
Philips obtained U.S. Design Patent No. D748,859, titled “Nose and Ear Trimmer.”
19. In designing this trimmer, Philips purposefully associated a distinctive orange and
black color scheme with such trimmer. This color scheme uniquely appears on the product in a
manner that stands out to an observing consumer. The unique and distinctive color scheme helps
customers quickly and easily identify Philips’ innovative trimmer.
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IDEAVILLAGE’S INTENTIONAL COPYING OF THE ONEBLADE SHAVER
20. IdeaVillage is a “direct-to-consumer” marketer that promotes consumer products,
such as the “As Seen on TV” products.1 IdeaVillage partners with others, such as “inventor[s],
existing compan[ies], or retailer[s],” who have consumer products or brands, and helps them
market the consumer products or brands.2 Specifically, IdeaVillage acquires established brands
and invests in “high potential brands at any stage of growth.”3 IdeaVillage sells men’s grooming
products under the MicroTouch brand, including a MicroTouch Solo shaver.
21. On information and belief, IdeaVillage began selling its first generation
MicroTouch Solo shaver in November 2017. The MicroTouch Solo shaver (First Generation) is
depicted below.
1
We Are Category Disrupters, IDEAVILLAGE,, https://www.ideavillage.com/Who-We-Are (last
visited 11/23/2020)
2
Become A Partner, IDEAVILLAGE,, https://www.ideavillage.com/Who-We-Are (last visited
11/23/2020)
3
Id.
9
22. In 2020, on information and belief, IdeaVillage began selling its MicroTouch
Solo shaver (Second Generation):
23. On information and belief, IdeaVillage designed, developed, and markets the
MicroTouch Solo shaver as a directly competing product to the OneBlade electric shaver and at a
significantly lower retail price than the OneBlade shaver. On information and belief, one of the
reasons IdeaVillage chose to develop and market the MicroTouch Solo shaver was because of
the substantial success of the OneBlade electric shaver.
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24. IdeaVillage’s MicroTouch Solo copies Philips’ patented ornamental designs for a
grooming apparatus, handle for a grooming apparatus, and shaver head, specifically D758,661
and D788368, shown below:
Infringing MicroTouch Solo Shaver Philips’ Patented Designs

(First Generation, Second Generation)
D758,661 D788,368
Patent Patent
D776,878 Patent
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25. IdeaVillage’s MicroTouch Solo (First Generation) uses a blade that copies
Philips’ patented ornamental designs for a blade for a hair cutting appliance, specifically
D870,972 and D905,346 shown below:
Infringing MicroTouch Solo Shaver blade Philips’ Patented Designs

(First Generation)
D870,972 Patent
D905,346 Patent
IDEAVILLAGE’S PATTERN OF COPYING
26. IdeaVillage also advertises and sells men’s trimmers, including the MicroTouch
Max trimmer. On information and belief, IdeaVillage also began advertising the MicroTouch
Max Titanium trimmer earlier this year, which is an upgraded version of the MicroTouch Max
trimmer and part of MicroTouch Titanium series of men’s grooming products.
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27. On information and belief, IdeaVillage’s MicroTouch Max trimmer was in the
marketplace prior to the Philips’ trimmer and the two products peacefully co-existed for some
time.
MicroTouch Max Trimmer Philips’ Trimmer
28. On information and belief, MicroTouch redesigned its trimmer product to mimic
the look of Philips’ trimmer. On information and belief, the redesigned copycat trimmer product
is the MicroTouch Max Titanium trimmer. On information and belief, one of the reasons
IdeaVillage chose to develop and market the MicroTouch Max Titanium trimmer was because of
the substantial success of Philips’ trimmer and its unique look.
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Philips’ Trimmer Philips’ Patented Designs of Infringing MicroTouch Max

the D748,859 Patent Titanium Trimmer
29. IdeaVillage’s MicroTouch Max Titanium trimmer copies Philips’ patented
ornamental designs for a nose and ear trimmer, D748,859, as shown above.
COUNT I: Infringement of the D’661 Patent
30. Philips repeats and re-alleges paragraphs 1-29 as if fully set forth herein.
31. U.S. Patent No. D758,661 (the “D’661 patent”) was duly and lawfully issued by
the United States Patent and Trademark Office on June 7, 2016 to Philips. Philips is the current
assignee and owner of the D’661 patent. The D’661 patent is titled “Grooming Apparatus.” Jens
Peter Kophmann Andersson, Nicole Louisa De Klein, Albert Jan Aitink and Martinus Bernardus
Stapelbroek are listed as co-inventors. The patent issued from U.S. Patent Application No.
29/513,575, which was filed on January 2, 2015. The D’661 patent claims priority from
European Community Design Registration no. 002496497-0004, filed on July 4, 2014.
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32. The D’661 patent is valid and enforceable. The D’661 patent claims a new,
original, and ornamental design for a Grooming Apparatus, as shown in the figures of the patent,
reproduced below and in Exhibit A, with the broken lines of even length shown in the figures
forming no part of the claimed design:
Fig. 1, perspective view Fig. 2, front elevational view Fig. 3, rear elevational view
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Fig. 4, right side elevational Fig. 5, left side elevational Figs. 6-7, top and bottom plan
view view views
33. Defendant has been, and presently is, infringing claim 1 of the D’661 patent
within this District and elsewhere by using, making, selling, offering to sell, and/or importing
into the United States, certain products, such as the MicroTouch Solo shavers. Additionally,
Defendant has directly infringed and continues to infringe the D’661 Patent by applying the
patented design of the D’661 Patent, or a colorable imitation thereof, to an article of
manufacture, such as the MicroTouch Solo shavers, for the purpose of sale and/or by selling,
offering, or exposing for sale an article of manufacture, such as the MicroTouch Solo shavers, to
which the patented design of the D’661 Patent or a colorable imitation thereof has been applied.
Defendant’s actions violate 35 U.S.C. §§ 271(a) and 289.
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34. The MicroTouch Solo shaver (First Generation) comprises the following design
for a grooming apparatus:
Perspective view of Front elevational view of Rear elevational view of

MicroTouch Solo shaver (Ex. MicroTouch Solo shaver (Ex. MicroTouch Solo shaver (Ex.
B, Tear-Down Pictures of B Tear-Down Pictures of B, Tear-Down Pictures of
MicroTouch Solo Shaver MicroTouch Solo Shaver MicroTouch Solo Shaver
(First Generation)) (First Generation)) (First Generation))
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Right side elevational view of Left side elevational view of Top and bottom plan views of
B, Tear-Down Pictures of B, Tear-Down Pictures of B, Tear-Down Pictures of
(First Generation)) (First Generation)) (First Generation))
35. The MicroTouch Solo shaver (Second Generation) comprises the following
design for a grooming apparatus:
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C, Tear-Down Pictures of C , Tear-Down Pictures of C, Tear-Down Pictures of
(Second Generation)) (Second Generation)) (Second Generation))
19
C, Tear-Down Pictures of C, Tear-Down Pictures of C, Tear-Down Pictures of
(Second Generation)) (Second Generation)) (Second Generation))
36. In the eye of the ordinary observer familiar with the relevant prior art, giving such
attention as a purchaser of the MicroTouch Solo shaver design would usually give, the claimed
design of the D’661 Patent and the design of Defendant’s MicroTouch Solo shaver designs are
substantially the same, such that the ordinary observer would be deceived into believing that the
design of MicroTouch Solo shaver First Generation or Second Generation is the design claimed
in the D’661 Patent.
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37. Upon information and belief, Defendant has distributed and continually
distributes the MicroTouch Solo shaver through established distribution channels throughout the
United States, including, but not limited to Defendant’s own sales network.
38. Defendant’s acts with respect to the MicroTouch Solo shaver have been without
license or authority from Philips with respect to the D’661 Patent.
39. Philips is informed and believes, and on that basis alleges, that Defendant’s
infringement of the D’661 patent has been and continues to be intentional, willful, and without
regard to Philips’ rights since at least the date that this Complaint was served. Defendant has had
knowledge of the D’661 patent since at least the date that this Complaint was served. Defendant
has had knowledge of the infringing nature of its activities, or at least a willful blindness
regarding the infringing nature of its activities, with respect to the D’661 patent since at least
service of this Complaint.
40. Philips is informed and believes, and on that basis alleges, that Defendant has
gained profits by virtue of its infringement of the D’661 patent.
41. Philips has suffered, and is continuing to suffer, damages as a direct and
proximate result of Defendant’s infringement of the D’661, and Philips is entitled to
compensation and other monetary relief to the fullest extent allowed by law, including attorneys’
fees, pursuant to 35 U.S.C. §§ 284 and 285.
42. By reason of the ongoing and continuous infringement by Defendant of the
D’661, Philips is entitled to the entry of a permanent injunction, enjoining Defendant from
further infringement of Philips’ design patent rights, pursuant to 35 U.S.C. § 283.
COUNT II: Infringement of the D’368 Patent
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the United States Patent and Trademark Office on May 30, 2017 to Philips. Philips is the current
assignee and owner of the D’368 patent. The D’368 patent is titled “Handle for Grooming
Apparatus.” Jens Peter Kophmann Andersson is listed as the inventor. The patent issued from
U.S. Patent Application No. 29/534,955, which was filed on August 3, 2015. The D’368 patent
claims priority from European Community Design Registration no. 002627372-0001, filed on
February 5, 2015.
45. The D’368 patent is valid and enforceable. The D’368 claims a new, original, and
ornamental design for a Handle for Grooming Apparatus, as shown in the figures of the patent,
reproduced below and shown in Exhibit D, with the broken lines of even length shown in the
figures forming no part of the claimed design:
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view view views
into the United States, certain products, such as the MicroTouch Solo shaver, which is a
grooming apparatus that includes a handle. Additionally, Defendant has directly infringed and
continues to infringe the D’368 Patent by applying the patented design of the D’368 Patent, or a
colorable imitation thereof, to an article of manufacture, such as the MicroTouch Solo shaver
that includes a handle, for the purpose of sale and/or by selling, offering, or exposing for sale an
article of manufacture, such as the MicroTouch Solo shaver that includes a handle, to which the
patented design of the D’368 Patent or a colorable imitation thereof has been applied.
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for a handle for a grooming apparatus:

MicroTouch Solo shaver MicroTouch Solo shaver MicroTouch Solo shaver
handle (Ex. B, Tear-Down handle (Ex. B, Tear-Down handle (Ex. B, Tear-Down
Pictures of MicroTouch Solo Pictures of MicroTouch Solo Pictures of MicroTouch Solo
Shaver (First Generation)) Shaver (First Generation)) Shaver (First Generation))
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handle (Ex. B, Tear-Down handle (Ex. B, Tear-Down handle (Ex. B, Tear-Down
Shaver (First Generation)) Shaver (First Generation)) Shave (First Generation))
design for a handle for a grooming apparatus:
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handle (Ex. C, Tear-Down handle (Ex. C, Tear-Down handle (Ex. C, Tear-Down
Shaver (Second Generation)) Shaver (Second Generation)) Shaver (Second Generation))
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handle (Ex. C, Tear-Down handle (Ex. C, Tear-Down handle (Ex. C, Tear-Down
Shaver (Second Generation)) Shaver (Second Generation)) Shaver (Second Generation))
attention as a purchaser of the MicroTouch Solo shaver would usually give to the handle of the
MicroTouch Solo shaver (First Generation or Second Generation), the claimed design of the
D’368 Patent and the design of the handle of Defendant’s MicroTouch Solo shaver are
substantially the same, such that the ordinary observer would be deceived into believing that the
design of handle of the MicroTouch Solo shavers is the design claimed in the D’368 Patent.
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distributes the MicroTouch Solo shaver that includes a handle through established distribution
channels throughout the United States, including, but not limited to Defendant’s own sales
network.
51. Defendant’s acts with respect to the MicroTouch Solo shaver that includes a
handle have been without license or authority from Philips with respect to the D’368 Patent.
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COUNT III: Infringement of the D’878 Patent
the United States Patent and Trademark Office on January 17, 2017 to Philips. Philips is the
current assignee and owner of the D’878 patent. The D’878 patent is titled “Shaving Head.” Jens
Peter Kophmann Andersson, Nicole Louisa De Klein, Albert Jan Aitink and Martinus Bernardus
Stapelbroek are listed as co-inventors. The patent issued from U.S. Patent Application No.
29/534,956, which was filed on August 3, 2015. The D’878 patent claims priority from European
Community Design Registration no. 002627372-0001, filed on February 5, 2015.
original, and ornamental design for a Shaving Head, as shown in the figures of the patent,
reproduced below and shown in Exhibit E, with the broken lines of even length shown in the
figures forming no part of the claimed design:
29
view view views
into the United States, certain products, such as the MicroTouch Solo shaver, which includes a
shaving head. Additionally, Defendant has directly infringed and continues to infringe the D’878
Patent by applying the patented design of the D’878 Patent, or a colorable imitation thereof, to an
article of manufacture, such as the MicroTouch Solo shaver that includes a shaving head, for the
purpose of sale and/or by selling, offering, or exposing for sale an article of manufacture, such as
the MicroTouch Solo shaver that includes a shaving head, to which the patented design of the
D’878 Patent or a colorable imitation thereof has been applied. Defendant’s actions violate 35
U.S.C. §§ 271(a) and 289.
30
for a shaving head:

MicroTouch Solo shaving MicroTouch Solo shaving MicroTouch Solo shaving
head (Ex. B, Tear-Down head (Ex. B, Tear-Down head (Ex. B, Tear-Down
MicroTouch Solo shaving MicroTouch Solo shaving MicroTouch Solo shaving
head (Ex. B, Tear-Down head (Ex. B, Tear-Down head (Ex. B, Tear-Down
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attention as a purchaser of the MicroTouch Solo shaver (First Generation) would usually give to
the shaving head of the MicroTouch Solo shaver, the claimed design of the D’878 Patent and the
design of the shaver head of Defendant’s MicroTouch Solo shaver are substantially the same,
such that the ordinary observer would be deceived into believing that the design of the shaving
head of the MicroTouch Solo shaver is the design claimed in the D’878 Patent.
distributes the MicroTouch Solo shaver that includes a shaving head through established
distribution channels throughout the United States, including, but not limited to Defendant’s own
sales network.
63. Defendant’s acts with respect to the MicroTouch Solo shaver that includes the
shaving head have been without license or authority from Philips with respect to the D’878
Patent.
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COUNT IV: Infringement of the D’972 Patent
the United States Patent and Trademark Office on December 24, 2019 to Philips. Philips is the
current assignee and owner of the D’972 patent. The D’972 patent is titled “Blade for Hair
Cutting Appliance.” Albert Jan Aitink and Martinus Bernardus Stapelbroek as listed as co-
inventors. The patent issued from U.S. Patent Application No. 29/696,507, which was filed on
June 28, 2019. The D’972 patent claims priority as a continuation from application No.
15/301,428, which was filed as application No. PCT/EP2015/058486 on Apr. 20, 2015.
PCT/EP2015/058486 in turn claims priority to European patent application no. 14165283, filed
on April 18, 2014.
original, and ornamental design for a Blade for Hair Cutting Appliance, as shown in the figures
of the patent, reproduced below and shown in Exhibit F, with the broken lines of even length
shown in the figures forming no part of the claimed design:
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Figs. 1 and 2, top, front, right Figs. 3 and 4, top and bottom Fig. 5, right side elevational
perspective view and bottom, plan views view
rear, left perspective view
Fig. 6, left side elevational Fig. 7, rear elevational view Figs. 8, front elevational view
view
into the United States, certain products, such as the MicroTouch Solo shaver, which is a hair
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cutting appliance that includes a blade. Additionally, Defendant has directly infringed and
colorable imitation thereof, to an article of manufacture, such as the MicroTouch Solo shaver
that includes a blade, for the purpose of sale and/or by selling, offering, or exposing for sale an
article of manufacture, such as the MicroTouch Solo shaver that includes a blade, to which the
patented design of the D’972 Patent or a colorable imitation thereof has been applied.
for a blade:
Top, front, right perspective Top and bottom plan views of Right side elevational view
view and bottom, rear, left MicroTouch Solo shaver Top plan view of
perspective view of blade (Ex. B, Tear-Down MicroTouch Solo shaver
MicroTouch Solo shaver blade (Ex. B, Tear-Down
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blade (Ex. B, Tear-Down Pictures of MicroTouch Solo Pictures of MicroTouch Solo

Pictures of MicroTouch Solo Shaver (First Generation)) Shaver (First Generation))
Shaver (First Generation))
Left side elevational view of Rear elevational view of Front elevational view of
blade (Ex. B, Tear-Down blade (Ex. B, Tear-Down blade (Ex. B, Tear-Down
attention as a purchaser of the MicroTouch Solo shaver (First Generation) would usually give to
the blade of the MicroTouch Solo shaver, the claimed design of the D’972 Patent and the design
of the blade used in Defendant’s MicroTouch Solo shaver are substantially the same, such that
the ordinary observer would be deceived into believing that the design of the blade used in the
MicroTouch Solo shaver is the design claimed in the D’972 Patent.
distributes the MicroTouch Solo shaver that includes a blade through established distribution
network.
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75. Defendant’s acts with respect to the MicroTouch Solo shaver that includes a blade
have been without license or authority from Philips with respect to the D’972 Patent.
COUNT V: Infringement of the D’346 Patent
the United States Patent and Trademark Office on December 15, 2020 to Philips. Philips is the
current assignee and owner of the D’346 patent. The D’346 patent is titled “Blade for Hair
Cutting Appliance.” Albert Jan Aitink and Martinus Bernardus Stapelbroek are listed as co-
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inventors. The patent issued from U.S. Patent Application No. 29/713,946, which was filed on
November 20, 2019. The D’346 patent claims priority as a continuation from U.S. Patent
Application No. 29/696,507, filed on June 28, 2019, and U.S. Patent Application No.
15/301,428, filed on Oct. 3, 2016, which was filed as application No. PCT/EP2015/058486 on
April 20, 2015 and claims priority to European patent no. 14165283, filed on April 18, 2014.
original, and ornamental design for a Blade for Hair Cutting Appliance, as shown in the figures
of the patent, reproduced below and shown in Exhibit G, with the broken lines of even length
shown in the figures forming no part of the claimed design:
Fig. 1, top, front, right Figs. 3 and 4, top and bottom Fig. 5, right side elevational
perspective view plan views view
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Fig. 6, left side elevational Fig. 7, rear elevational view Fig. 8, front elevational view
view
into the United States, certain products, such as the MicroTouch Solo shavers, which are hair
cutting appliances that include a blade. Additionally, Defendant has directly infringed and
colorable imitation thereof, to an article of manufacture, such as the MicroTouch Solo shavers,
for the purpose of sale and/or by selling, offering, or exposing for sale an article of manufacture,
such as the MicroTouch Solo shavers, both of which include a blade, to which the patented
design of the D’346 Patent or a colorable imitation thereof has been applied. Defendant’s actions
violate 35 U.S.C. §§ 271(a) and 289.
39
for a blade:
Top, front, right perspective Top and bottom plan views of Right side elevational view of
view of MicroTouch Solo MicroTouch Solo shaver blade MicroTouch Solo shaver
shaver blade (Ex. B, Tear- (Ex. B, Tear-Down Pictures of blade (Ex. B, Tear-Down
Down Pictures of MicroTouch Solo Shaver Pictures of MicroTouch Solo
MicroTouch Solo Shaver (First Generation)) Shaver (First Generation))
(First Generation))
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Left side elevational view of Rear elevational view of Front elevational view of
MicroTouch Solo shaver MicroTouch Solo shaver blade MicroTouch Solo shaver
blade (Ex. B, Tear-Down (Ex. B, Tear-Down Pictures of blade (Ex. B, Tear-Down
Pictures of MicroTouch Solo MicroTouch Solo Shaver Pictures of MicroTouch Solo
Shaver (First Generation)) (First Generation)) Shaver (First Generation))
design for a blade:
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Top, front, right perspective Top and bottom plan views of Right side elevational view of
view of MicroTouch Solo MicroTouch Solo shaver MicroTouch Solo shaver
shaver blade (Ex. C, Tear- blade (Ex. C Tear-Down blade (Ex. C, Tear-Down
Down Pictures of Pictures of MicroTouch Solo Pictures of MicroTouch Solo
MicroTouch Solo Shaver Shaver (Second Generation)) Shaver (Second Generation))
(Second Generation))
Left side elevational view Rear elevational view of Front elevational view of
of MicroTouch Solo MicroTouch Solo shaver blade MicroTouch Solo shaver
shaver blade (Ex. C, (Ex. C, Tear-Down Pictures of blade (Ex. C, Tear-Down
Tear-Down Pictures of MicroTouch Solo Shaver (Second Pictures of MicroTouch Solo
MicroTouch Solo Shaver Generation)) Shaver (Second Generation))
(Second Generation))
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attention as a purchaser of the MicroTouch Solo shaver would usually give to the blade of the
MicroTouch Solo shavers, the claimed design of the D’346 Patent and the design of the blade of
Defendant’s MicroTouch Solo shavers are substantially the same, such that the ordinary observer
would be deceived into believing that the design of the blade of the MicroTouch Solo shaver
First Generation or Second Generation is the design claimed in the D’346 Patent.
distributes the MicroTouch Solo shaver including the blade through established distribution
network.
88. Defendant’s acts with respect to the MicroTouch Solo shaver including the blade
have been without license or authority from Philips with respect to the D’346 Patent.
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COUNT VI: Infringement of the D’859 Patent
the United States Patent and Trademark Office on February 2, 2016 to Philips. Philips is the
current assignee and owner of the D’859 patent. The D’859 patent is titled “Nose and Ear
Trimmer.” Florian Jeremy Fabrice Boulanger is listed as the inventor. The patent issued from
U.S. Patent Application No. 29/508,048, which was filed on November 3, 2014. The D’859
patent claims priority from European Community Design Registration no. 002458281-0002, filed
on May 6, 2014.
original, and ornamental design for a Nose and Ear Trimmer, as shown in the figures of the
patent, reproduced below and shown in Exhibit H, with the broken lines of even length shown in
the figures forming no part of the claimed design:
44
Fig. 1, perspective view Fig. 2, front elevational view Fig. 4, right side elevational
view
into the United States, certain products, such as the MicroTouch Max Titanium trimmer.
Additionally, Defendant has directly infringed and continues to infringe the D’859 Patent by
applying the patented design of the D’859 Patent, or a colorable imitation thereof, to an article of
manufacture, such as the MicroTouch Max Titanium trimmer, for the purpose of sale and/or by
selling, offering, or exposing for sale an article of manufacture, such as the MicroTouch Max
Titanium trimmer, to which the patented design of the D’859 Patent or a colorable imitation
thereof has been applied. Defendant’s actions violate 35 U.S.C. §§ 271(a) and 289.
97. The MicroTouch Max Titanium trimmer comprises the following design for a
nose and ear trimmer:
45
Perspective view of Front elevational view of Right side elevational view of

MicroTouch Max Titanium MicroTouch Max Titanium MicroTouch Max Titanium
trimmer (Ex. I, Pictures of trimmer (Ex. I, Pictures of trimmer (Ex. I, Pictures of
MicroTouch Max Titanium MicroTouch Max Titanium MicroTouch Max Titanium
Trimmer) Trimmer) Trimmer)
attention as a purchaser of the MicroTouch Max Titanium trimmer would usually give, the
claimed design of the D’859 Patent and the design of Defendant’s MicroTouch Max Titanium
trimmer are substantially the same, such that the ordinary observer would be deceived into
believing that the design of MicroTouch Max Titanium trimmer is the design claimed in the
D’859 Patent.
distributes the MicroTouch Max Titanium trimmer through established distribution channels
throughout the United States, including, but not limited to Defendant’s own sales network.
46
100. Defendant’s acts with respect to the MicroTouch Max Titanium trimmer have
been without license or authority from Philips with respect to the D’859 Patent.
proximate result of Defendant’s infringement of the D’859 , and Philips is entitled to
47
PRAYER FOR RELIEF
WHEREFORE, Philips requests entry of judgment against Defendant as follows:
A. A judgment that Defendant has infringed the claimed design of each of the Asserted
Patents;
B. Preliminary and permanent injunctions under 35 U.S.C. § 283, enjoining Defendant and
its officers, directors, agents, servants, affiliates, employees, subsidiaries, parents,
licensees, assigns, and customers, and all others acting in concert or participation with
them, from further acts of infringing the Asserted Patents including, but not limited to,
making, importing, promoting, offering, or exposing for sale, or selling the products with
designs confusingly similar to the claimed design of the Asserted Patents, as explained
above;
C. An order directing Defendant to, within 30 days after the entry of the injunction, file with
this Court and serve on Philips’ attorneys a report in writing and under oath setting forth
in detail the manner and form in which Defendant has complied with the injunction;
D. A judgment against Defendant for Defendant’s total profits of any article of manufacture
to which the claimed design of any of the Asserted Patents has been applied as a result of
Defendant’s infringement of the Asserted Patents in an amount to be determined at trial
as provided under 35 U.S.C § 289 and for money damages sustained as a result of
Defendant’s infringement of the Asserted Patents in an amount to be determined at trial
as provided under 35 U.S.C. § 284, whichever is greater;
E. An accounting of Defendant’s profits pursuant to 35 U.S.C. § 289;
F. A finding of the case to be exceptional under 35 U.S.C. § 285, and an award of Philips’
reasonable attorneys’ fees and costs incurred in connection with this action;
48
G. An award of pre- and post-judgment interest on the damages caused by Defendant’s
infringing activities and other conduct complained of herein; and
H. Such other relief as the Court may deem just and proper.
JURY DEMAND
Under Rule 38 of the Federal Rules of Civil Procedure, Philips respectfully demands a
trial by jury of any issues triable of right by a jury.
Dated: April 8, 2021 s/ William P. Deni, Jr.

Newark, New Jersey William P. Deni, Jr.
J. Brugh Lower
GIBBONS P.C.
One Gateway Center
Tel: (973) 596-4500
Fax: (973) 596-0545
wdeni@gibbonslaw.com
jlower@gibbonslaw.com

Of Counsel:
Mark Sommers (pro hac vice to be submitted)

Elizabeth Ferrill (pro hac vice to be submitted)
Umber Aggarwal (pro hac vice to be submitted)
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
901 New York Avenue, NW
Washington, DC 20001
Tel: (202) 408-4000
Fax: (202) 408-4400
49
Case 2:21-cv-08706 Document 1-1 Filed 04/08/21 Page 1 of 9 PageID: 50
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

Koninklijke Philips N.V. IdeaVillage Products Corp.
(b) County of Residence of First Listed Plaintiff Outside of U.S. County of Residence of First Listed Defendant Passaic
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
William P. Deni, Jr., GIBBONS P.C.

One Gateway Center, Newark, NJ 07102; 973-596-4500
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
" 1 U.S. Government " 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State " 1 " 1 Incorporated or Principal Place " 4 " 4
of Business In This State
" 2 U.S. Government " 4 Diversity Citizen of Another State " 2 " 2 Incorporated and Principal Place " 5 " 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a " 3 " 3 Foreign Nation " 6 " 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
" 110 Insurance PERSONAL INJURY PERSONAL INJURY " 625 Drug Related Seizure " 422 Appeal 28 USC 158 " 375 False Claims Act
" 120 Marine " 310 Airplane " 365 Personal Injury - of Property 21 USC 881 " 423 Withdrawal " 376 Qui Tam (31 USC
" 130 Miller Act " 315 Airplane Product Product Liability " 690 Other 28 USC 157 3729(a))
" 140 Negotiable Instrument Liability " 367 Health Care/ " 400 State Reapportionment
" 150 Recovery of Overpayment " 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS " 410 Antitrust
& Enforcement of Judgment Slander Personal Injury " 820 Copyrights " 430 Banks and Banking
" 151 Medicare Act " 330 Federal Employers’ Product Liability " 830 Patent " 450 Commerce
" 152 Recovery of Defaulted Liability " 368 Asbestos Personal " 835 Patent - Abbreviated " 460 Deportation
Student Loans " 340 Marine Injury Product New Drug Application " 470 Racketeer Influenced and
(Excludes Veterans) " 345 Marine Product Liability " 840 Trademark Corrupt Organizations
" 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY " 480 Consumer Credit
of Veteran’s Benefits " 350 Motor Vehicle " 370 Other Fraud " 710 Fair Labor Standards " 861 HIA (1395ff) " 490 Cable/Sat TV
" 160 Stockholders’ Suits " 355 Motor Vehicle " 371 Truth in Lending Act " 862 Black Lung (923) " 850 Securities/Commodities/
" 190 Other Contract Product Liability " 380 Other Personal " 720 Labor/Management " 863 DIWC/DIWW (405(g)) Exchange
" 195 Contract Product Liability " 360 Other Personal Property Damage Relations " 864 SSID Title XVI " 890 Other Statutory Actions
" 196 Franchise Injury " 385 Property Damage " 740 Railway Labor Act " 865 RSI (405(g)) " 891 Agricultural Acts
" 362 Personal Injury - Product Liability " 751 Family and Medical " 893 Environmental Matters
Medical Malpractice Leave Act " 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS " 790 Other Labor Litigation FEDERAL TAX SUITS Act
" 210 Land Condemnation " 440 Other Civil Rights Habeas Corpus: " 791 Employee Retirement " 870 Taxes (U.S. Plaintiff " 896 Arbitration
" 220 Foreclosure " 441 Voting " 463 Alien Detainee Income Security Act or Defendant) " 899 Administrative Procedure
" 230 Rent Lease & Ejectment " 442 Employment " 510 Motions to Vacate " 871 IRS—Third Party Act/Review or Appeal of
" 240 Torts to Land " 443 Housing/ Sentence 26 USC 7609 Agency Decision
" 245 Tort Product Liability Accommodations " 530 General " 950 Constitutionality of
" 290 All Other Real Property " 445 Amer. w/Disabilities - " 535 Death Penalty IMMIGRATION State Statutes
Employment Other: " 462 Naturalization Application
" 446 Amer. w/Disabilities - " 540 Mandamus & Other " 465 Other Immigration
Other " 550 Civil Rights Actions
" 448 Education " 555 Prison Condition
" 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
" 1 Original " 2 Removed from " 3 Remanded from " 4 Reinstated or " 5 Transferred from " 6 Multidistrict " 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. §§ 271, 281, and 289
VI. CAUSE OF ACTION Brief description of cause:
Patent Infringement
VII. REQUESTED IN " CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: " Yes " No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
04/08/2021 s/ William P. Deni, Jr.
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

GIBBONS P.C.
One Gateway Center
Tel: (973) 596-4500
Fax: (973) 596-0545

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
KONINKLIJKE PHILIPS N.V.,

Civil Action No. 21-8706
Plaintiff,
Document Electronically Filed
v.
CERTIFICATION PURSUANT TO
IDEAVILLAGE PRODUCTS CORP., LOCAL CIVIL RULE 11.2
Defendant.
Pursuant to Local Civil Rule 11.2, the undersigned, attorney of record for Plaintiff
Koninklijke Philips N.V., hereby certifies that to the best of my knowledge and based upon the
information available to me, the matter in controversy is not the subject of any other action
pending in any court or of any pending arbitration or administrative proceeding.
Dated: April 8, 2021 s/ William P. Deni, Jr.

Newark, New Jersey William P. Deni, Jr.
GIBBONS P.C.
One Gateway Center
Tel: (973) 596-4500
Fax: (973) 596-0545
wdeni@gibbonslaw.com

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Case 2:21-cv-08706 Document 1 Filed 04/08/21 Page 1 of 49 PageID: 1

William P. Deni, Jr.

Mark Sommers (pro hac vice to be submitted)

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

KONINKLIJKE PHILIPS N.V.,

Plaintiff, Civil Action No. 21-8706

v. Document Electronically Filed

IDEAVILLAGE PRODUCTS CORP.,

COMPLAINT FOR DESIGN PATENT INFRINGEMENT

to all other matters:

NATURE OF THE ACTION

1. This is a civil action arising out of IdeaVillage Products Corp.’s (“Defendant” or

having an office at High Tech Campus 5, 5656 AE, Eindhoven, Netherlands.

3. Upon information and belief, Defendant IdeaVillage is a corporation organized

West, Wayne, New Jersey 07470, United States.

JURISDICTION AND VENUE

4. This Court has subject-matter jurisdiction over Philips’ patent infringement

infringement arises out of these activities.

and because Defendant has committed acts of infringement in this District.

PHILIPS’ INNOVATIVE AND INDUSTRY-CHANGING ONEBLADE SHAVER

7. Philips is a world-renown company offering a diverse array of products, including

of retail outlets offering personal grooming products throughout the U.S.

shavers and trimmers. Committed to bringing cutting-edge designs and technology to

design appears below:

Philips OneBlade Shaver

blade heads, as shown below.

Other non-traditional electric shavers

PHILIPS’ DESIGN PATENTS

Apparatus,” “Handle for Grooming Apparatus,” “Shaving Head,” respectively.

Philips’ Patented Shaver Designs

D758,661 D788,368 D776,878

revolutionary and novel looking blade.

Philips’ OneBlade blade

blades beneath a foil layer.

which are titled “Blade for Hair Cutting Appliance.”

Philips’ Patented Blade Designs

unique looking electric shaver.

PHILIPS’ INNOVATIVE TRIMMER

innovative nose trimmer.

Philips’ Trimmer Philips’ Patented Designs

customers quickly and easily identify Philips’ innovative trimmer.

IDEAVILLAGE’S INTENTIONAL COPYING OF THE ONEBLADE SHAVER

20. IdeaVillage is a “direct-to-consumer” marketer that promotes consumer products,

products under the MicroTouch brand, including a MicroTouch Solo shaver.

Solo shaver (Second Generation):

the substantial success of the OneBlade electric shaver.

and D788368, shown below:

Infringing MicroTouch Solo Shaver Philips’ Patented Designs

D870,972 and D905,346 shown below:

Infringing MicroTouch Solo Shaver blade Philips’ Patented Designs

IDEAVILLAGE’S PATTERN OF COPYING

trimmer and part of MicroTouch Titanium series of men’s grooming products.

MicroTouch Max Trimmer Philips’ Trimmer

the substantial success of Philips’ trimmer and its unique look.

Philips’ Trimmer Philips’ Patented Designs of Infringing MicroTouch Max

29. IdeaVillage’s MicroTouch Max Titanium trimmer copies Philips’ patented

COUNT I: Infringement of the D’661 Patent

European Community Design Registration no. 002496497-0004, filed on July 4, 2014.