Group14 Original

Case 2:22-cv-01354-TSZ Document 1 Filed 09/23/22 Page 1 of 22
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UNITED STATES DISTRICT COURT
8 FOR THE WESTERN DISTRICT OF WASHINGTON
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GROUP14 TECHNOLOGIES, INC., a Case No.
10 Delaware Corporation,
COMPLAINT
11 Plaintiff,
DEMAND FOR JURY TRIAL
12 v.
13 NEXEON LIMITED, a limited company
registered in England and Wales,
14
Defendant.
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COMPLAINT COOLEY LLP

1700 SEVENTH AVE., SUITE1900
CASE NO. 1 SEATTLE, WA 98101-1355
(206) 452-8700
1 I. PRELIMINARY STATEMENT
2 1. Plaintiff Group14 Technologies, Inc. developed—and Defendant Nexeon Limited
3 stole—a solution that will allow companies around the world to produce and use a better battery.
4 Starting years ago, Group14 anticipated that surging demands for battery-powered electricity in an
5 increasingly “green” era would require a transition from lithium-ion batteries with graphite anodes
6 to ultra-performing lithium-silicon batteries that could more effectively and efficiently power
7 everything from medical devices to electric vehicles. Operating from its Seattle, Washington area
8 headquarters, through intensive research and development over many years, Group14 invented a
9 best-in-class silicon-carbon composite that allows for that transition to more efficient, faster-
10 charging lithium-silicon batteries.
11 2. Interested in learning more about Group14’s technology, Nexeon and Group14
12 discussed a potential partnership and Nexeon initiated an evaluation of Group14’s technologies.
13 Under a binding non-disclosure agreement (“NDA”) executed in April 2016, Group14 shared with
14 Nexeon its proprietary carbon scaffold and a host of related confidential trade secret information.
15 Impressed, Nexeon immediately sought to acquire Group14. Nexeon conducted extensive due
16 diligence, ran tests on Group14’s proprietary carbon scaffold, gained access to Group14’s secure
17 manufacturing facility, and offered to acquire Group14. When Group14 rejected the offer as being
18 far short of Group14’s long term value, Nexeon tried to license Group14’s technology. Group14
19 again declined, electing to retain control over its valuable trade secrets.
20 3. But rather than abide by the parties’ NDA, which allowed use of confidential
21 information only for evaluation of a potential collaboration, Nexeon stole Group14’s trade secrets.
22 Using that information, Nexeon sought patents in its own name, reaped hundreds of millions of
23 dollars in investment on the purported strength of its IP portfolio, and has now begun promoting a
24 product, the “NSP-2,” based on Group14’s trade secrets.
25 4. This is not a case about incidental use of peripheral information. Nexeon expanded
26 its business to capitalize on what it recognized as Group14’s “key trade secrets”—closely-guarded,

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1 highly technical inside information that is not generally known in the industry or readily
2 ascertainable, but rather the product of confidential research and development over many years.
3 To permit such conduct would reward theft and deter companies from exploring potentially fruitful
4 collaborations, as Group14 believed it was doing with Nexeon. Rather than countenance that
5 outcome, Group14 has filed this lawsuit to stop Nexeon’s ongoing trade secret theft and breach of
6 contract, and to secure compensation for the damage Nexeon has done.
7 II. THE PARTIES
8 5. Plaintiff Group14 Technologies, Inc. (“Group14” or the “Company”) is a Delaware
9 corporation with its principal place of business in Woodinville, Washington.
10 6. Defendant Nexeon Limited (“Nexeon”) is a limited company organized and
11 registered in England and Wales, with offices in Oxfordshire, United Kingdom, and Yokohama,
12 Japan.
13 III. JURISDICTION AND VENUE
14 7. The Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 because
15 Group14’s claims under the Defend Trade Secrets Act (“DTSA”), 18 U.S.C. §§ 1836, et seq., arise
16 under federal law. This Court has supplemental subject matter jurisdiction over Group14’s
17 remaining state law claims pursuant to 28 U.S.C. § 1367, because such claims arise from the same
18 set of operative facts and are so related to the claim arising from Nexeon’s violation of the DTSA
19 that they from part of the same case or controversy. The Court’s exercise of supplemental
20 jurisdiction would promote judicial economy, convenience, fairness, and avert the risk of
21 inconsistent adjudications of the same issues of law and fact.
22 8. The Court also has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(a)(2),
23 because the amount in controversy, exclusive of interest and costs, exceeds $75,000. For diversity
24 purposes, Group14 is a citizen of the State of Washington, and Nexeon is a foreign citizen of
25 England and Japan.
26

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1 9. This Court has personal jurisdiction over Nexeon under the United States
2 Constitution because it has had and continues to have sufficient contacts with the forum state. This
3 includes, for example, having its senior executives and consultant (who is now a Nexeon
4 employee) travel to the forum state on at least two separate occasions in June 2017 and October
5 2017 ostensibly for the purpose of meeting with Group14, touring its manufacturing facility, and
6 conducting extensive due diligence on Group14 technology, operations, and scale up plans, and
7 by regularly communicating with Group14’s founders, senior executives and employees who
8 reside in the forum state. Nexeon also purposefully availed itself of the benefits and protections
9 of the forum state’s laws by entering into the NDA, which states that the NDA shall be governed
10 by Washington law. See Ex. 1, § 9. Accordingly, this Court’s exercise of personal jurisdiction
11 over Nexeon does not offend traditional notions of fair play and substantial justice.
12 10. The Court may also exercise jurisdiction over Nexeon pursuant to Washington’s
13 Long-Arm Statute, RCW 4.28.185, which extends “the court’s personal jurisdiction to the broadest
14 reach that the United States Constitution permits, so the jurisdictional analysis under state law and
15 federal due process are the same.” Regal West Corporation v. Nguyen, 412 F. Supp. 3d 1305,
16 1311 (W.D. Wa. 2019). As discussed above, this Court has personal jurisdiction over Nexeon
17 under the United States Constitution, and as such, also has personal jurisdiction under
18 Washington’s Long-Arm Statute.
19 11. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b)(1), because
20 Nexeon is not resident in the United States, and therefore pursuant to 28 U.S.C. § 1391(c)(3),
21 Nexeon “may be sued in any judicial district[.]” Group14’s headquarters and operations are based
22 in this judicial district, and much of the relevant witnesses and information are also located here.
23 IV. FACTUAL ALLEGATIONS
24 Group14 and its Revolutionary Technology
25 12. Group14 is a private company headquartered in Woodinville, Washington. In
26 2015, Group14 was spun out of a predecessor company, EnerG2 Technologies, Inc., a carbon

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1 materials company, which was founded in 2003 based on technology originally developed by Dr.
2 Aaron Feaver (University of Washington, Ph.D. in Materials Science). In addition to Dr. Feaver,
3 Group14’s co-founders include CEO Eric Luebbe (Stanford University, MBA) and Dr. Henry R.
4 Costantino (M.I.T., Ph.D. in Chemical Engineering). Group14 builds on years of carbon materials
5 development at EnerG2, bringing with it unique and proprietary knowledge to tailor carbon
6 properties.
7 13. Group14’s silicon-carbon (“Si-C”) composite technology initially focused on
8 EnerG2’s ultrapure carbon as a scaffold, which Group14 has a license to develop for lithium ion
9 battery applications, and manufacturing Si-C composites by carbonization of carbon precursor
10 materials in the presence of electroactive materials (primarily silicon). In parallel, Group14
11 developed its own proprietary carbon scaffold optimized for Si-C composite materials and,
12 specifically, for a process to infiltrate the pores of carbon scaffold with a silane gas and deposit
13 silicon in the carbon scaffold. Group14’s proprietary Si-C composite anode material has five times
14 the capacity of graphite (traditional lithium-ion batteries use a graphite anode), affords up to 50%
15 more energy density and can support significantly faster charging times compared to conventional
16 graphite for lithium battery anodes. Thus, Group14’s proprietary Si-C composite anode material
17 delivers a revolutionary step-change in performance as a drop-in ready replacement for existing
18 graphite anode material.
19 14. On August 28, 2015, Group14 filed a provisional patent application covering
20 certain features and aspects of its novel processes and resulting Si-C composite materials, wherein
21 the pores of a carbon scaffold is infiltrated with a silane gas to effect deposition silicon within the
22 scaffold. Thereafter, Group14 pursued its patent rights, which were first published on March 3,
23 2017, as WO2017040299 (the “’299 Publication”).
24 15. Like most technology companies, Group14 retains propriety control over its
25 information and technologies through a combination of patent rights and by maintaining other
26 information, such as manufacturing processes, know-how, and precise measurements and

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1 properties, as trade secrets. The NDA recognized as much, noting that “the Parties have developed
2 and acquired certain confidential materials and information, a portion of which is patented under
3 pending and/or issued US patents.” Even after the ’299 Publication, Group14 continued to retain
4 a wealth of valuable confidential and trade secret information that Nexeon was only able to obtain
5 through actions covered by the NDA, including its on-site visits and due diligence, and which
6 culminated in Nexeon’s attempts to buy Group14 (and, failing that, to license Group14’s advanced
7 technologies).
8 16. Beyond the distinct disclosures in the ’299 Publication, Group14 maintains trade
9 secrets developed through its years-long efforts to advance and commercialize its carbon scaffold
10 technology, silicon infusion process and optimized Si-C composite anode materials, such as (1)
11 porous carbon properties to support optimal silicon properties and battery cell stability and
12 performance; (2) optimal Si-C composite properties, such as silicon loading and the location of
13 silicon within the Si-C composite; (3) methods for determining the optimal Si-C composite
14 properties; and (4) manufacturing processes including process designs, detailed process steps and
15 parameters to achieve commercially viable Si-C composite Battery Active Materials (“BAM”),
16 reactor-type selection, reactor design features, vendors, and suppliers. Nexeon secured access to
17 these trade secrets under the guise of the NDA and is using them in its patents and products.
18 Group14’s Reasonable Measures to Protect its Trade Secrets
19 17. Given the sensitive and proprietary nature of its processes, methods, and properties,
20 Group14 has and continues to take great care to protect its trade secrets, just as it did here by
21 requiring Nexeon to enter the NDA before providing information to Nexeon.
22 18. For example, Group14’s products are developed and manufactured at secured
23 facilities at two locations in Woodinville, Washington. Access to both Group14 facilities, and to
24 specific areas of the facilities, is tightly controlled through locked doors accessible only by key
25 card or master key access. Only certain employees may enter the facilities, and only certain
26 employees may enter certain areas within the facilities.

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1 19. Group14’s computer resources are similarly protected, such that only employees
2 with a “need-to-know” have access to the proprietary information that Nexeon enjoyed access to
3 and stole.
4 20. All Group14 employees are required to sign a Proprietary Information and
5 Inventions Agreement (“PIIA”) upon the commencement of their employment, which includes a
6 confidentiality provision that states, in part:
7 I understand and agree that all Proprietary Information (as defined below) shall be
the sole property of the Company and its assigns, including all trade secrets, patents,
8 copyrights and other rights in connection therewith. I hereby assign to the
Company any rights I may acquire in such Proprietary Information. I will hold in
9 confidence and not directly or indirectly use or disclose, both during my
employment by or consulting relationship with the Company and in perpetuity
10 thereafter (irrespective of the reason for such termination), any Proprietary
Information I obtain or create during the period of my employment or consulting
11 relationship, whether or not during working hours, except to the extent authorized
by the Company, until such Proprietary Information becomes generally known. I
12 agree not to make copies of such Proprietary Information except as authorized by
the Company.
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Each employee is also required to sign an employment agreement with Group14, which
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incorporates the PIIA by reference and refers to the PIIA as a “Confidentiality Agreement.”
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Finally, all employees are required to sign Group14’s “Employee Handbook” which states, in
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relevant part, that: “I am aware that during the course of my employment confidential information
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will be made available to me, for instance, Company and client information and lists, financial
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information, and other related information. I understand that this information is proprietary and
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critical to the success of the Company and must not be disclosed or used outside of the Company’s
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business interests or with non-Company employees.”
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21. Group14 has sold its Si-C composite to highly engaged customers both in and
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outside the United States strictly for the purpose of evaluating the material for incorporation into
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a wide variety of battery applications (for example, consumer electronics and electric vehicles)
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representing potentially millions of dollars of future annual sales. Group14’s Si-C composite
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containing Group14’s confidential and trade secret information is sold and is intended to be sold
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1 through interstate commerce, as are these products incorporating Group14’s trade secrets. All
2 third parties who have ever had access to its confidential and proprietary materials, know-how,
3 and facilities, including the customers evaluating Group14’s Si-C composite, entered into
4 materials transfer agreements and/or non-disclosure agreements with Group14 that imposed
5 restrictions on confidentiality and use at least as restrictive as those set forth in the NDA with
6 Nexeon.
7 Nexeon Enters Into a Strict NDA With Group14 in April 2016
8 22. In early 2016, Group14 and Nexeon began discussions at the behest of Nexeon
9 about a potential collaboration. Solely to facilitate that collaboration, which was intended to
10 benefit both sides, on April 4, 2016, Group14 and Nexeon executed the valid, enforceable NDA.
11 23. The NDA makes clear – under a heading titled “Purpose” – that “the Parties wish
12 to provide each other [with] confidential materials and information for the sole purpose of
13 exploring the possibility of any collaboration between the Parties as may be approved in writing
14 from the Parties from time to time.” Ex. 1, “Purpose.”
15 24. Moreover, the NDA limited how Nexeon could use the confidential materials and
16 information provided to it by Group14 under the NDA. Specifically, the NDA states that such
17 “Confidential Information” shall be used “solely to conduct the Research Protocol,” id., § 2(c),
18 which the NDA defines as “[d]evelopment, testing and corroboration of enhanced performance of
19 Nexeon’s silicon materials when incorporated into carbon-silicon composite employing
20 [Group14’s] technologies. [Group14] and Nexeon to share materials, electrodes, and/or devices,
21 and share test results, and support each as necessary for achieving the goals of the research
22 protocol,” id., Appendix B. Among other restrictions, the NDA further provides that: “The
23 Recipient [of Confidential Information] will hold in confidence and not directly or indirectly
24 disclose, both during its relationship with the Discloser and for a period of three (3) years after
25 termination of this Agreement (irrespective of the reason for such termination), any Confidential
26 Information it obtains during the relationship, except to the extent authorized by the Discloser,

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1 until such Confidential Information becomes generally known or available.” Id., § 2(d). Finally,
2 the NDA makes clear that “[r]ecipient[s of Confidential Information] shall not transfer any
3 Materials to any third party without the prior written consent of the Discloser.” Id., § 2(b).
4 Group14 never authorized or consented to any disclosure of its Confidential Information, but
5 Nexeon disclosed it anyway in published patents and both disclosed and transferred that
6 information to third parties to secure investment and production of its forthcoming NSP-2 product.
7 Pursuant to the NDA, Group14 Shares Confidential, Proprietary, and Trade Secret Materials
and Information with Nexeon
8
9 25. The collaboration under the NDA initially started with Group14 applying a carbon
10 coating to Nexeon’s porous silicon materials for evaluation as battery anode materials.
11 26. In or about May 2017, Group14 shared with Nexeon that Group14 was developing
12 a next-generation Si-C composite utilizing porous carbon rather than porous silicon where silicon
13 was deposited on the porous carbon through a gaseous phase silicon. At that time, Nexeon only
14 had a single product, a porous silicon material known as NSP-1.
15 27. Nexeon expressed significant interest in Group14’s Si-C anode material and began
16 conducting extensive due diligence of Group14’s technology, operations, and manufacturing
17 scale-up plans.
18 28. For example, on May 5, 2017, Nexeon secured from Group14 seven electrodes
19 made from two different percentages comprising its Si-C composite anode material. The shipment
20 labeled the package and its components “Confidential,” and included a Certificate of Analysis
21 marked “Confidential.”
22 29. Two months later, on July 10, 2017, Nexeon obtained from Group14 5g of its
23 proprietary carbon scaffold. The shipment labeled the package and its components “Confidential,”
24 and included a Certificate of Analysis marked “Confidential.” This was the first and only time
25 Group14 has shared its confidential, proprietary and trade secret carbon scaffold with any third
26 party.

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1 30. Later that month, on July 21, 2017, Nexeon received from Group14 1.6g of its Si-
2 C composite. The shipment labeled the package and its components “Confidential,” and included
3 a Certificate of Analysis marked “Confidential.”
4 31. Two months after that, on September 28, 2017, Nexeon secured from Group14 9g
5 of Si-C composite powder. The shipment labeled the package and its components “Confidential,”
6 and included a Certificate of Analysis marked “Confidential.”
7 32. In addition, Nexeon made at least two visits to Group14’s facilities. In late June
8 2017, Nexeon’s executive team—including Bill Macklin, Nexeon’s chief engineer—visited
9 Group14’s laboratory facilities in Seattle, Washington for a “Nexeon Summit.” In advance of
10 these meetings, Nexeon requested significant due diligence from Group14, including specifically
11 asking for detailed technical information related to Group14’s porous carbon scaffold and for its
12 “[k]ey trade secrets.”
13 33. During Nexeon’s visit, Nexeon obtained Group14’s detailed proprietary
14 information (verbally and in slide decks labeled “Confidential”) regarding at least four trade
15 secrets at issue in this case. First, Nexeon secured confidential trade secret information regarding
16 how Group14 used porous carbon properties to support optimal silicon properties and battery cell
17 stability and performance. This information enables one to create the ideal form of silicon within
18 the Si-C composite. Second, Nexeon learned the optimal Si-C composite properties, such as
19 silicon loading and the location of silicon within the Si-C composite. This information enables
20 one to confirm the creation of the ideal form of silicon within the Si-C composite. Third, Nexeon
21 learned the methods for determining the optimal Si-C composite properties. This information
22 enables the optimization of the materials performance as a battery electrode material. Fourth,
23 Nexeon obtained Group14’s manufacturing processes including process designs, detailed process
24 steps and parameters to achieve commercially viable Si-C composite BAM, reactor-type selection,
25 reactor design features, vendors, and suppliers. This information provides the know-how for
26 identifying and developing manufacturing processes to commercially produce the Si-C composite.

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1 Nexeon stole these trade secrets and breached the NDA in using this information not in a
2 collaboration with Group14, but in seeking patents in its own name and in generating third-party
3 investment and promoting a product based on Group14’s trade secrets.
4 34. Nexeon’s efforts to acquire and obtain Group14’s confidential trade secret
5 information continued in October 2017. At that time, Francis Massin—Nexeon’s “scale-up” and
6 silicon manufacturing consultant—visited Group14’s pilot facility in Woodinville, Washington,
7 and Seattle laboratory facilities. In advance of this visit, Nexeon requested detailed technical
8 information, and again specifically requested information regarding Group14’s “[k]ey trade
9 secrets.” Scott Brown, Nexeon’s chief executive officer, stated that the purpose of Mr. Massin’s
10 visit would be to “understand the Group14 scale-up plan and gather additional data to confirm
11 forecasted manufacturing costs for” Group14’s Si-C composite material. During Mr. Massin’s
12 visit, Group14 showed Mr. Massin, among other things, its confidential, proprietary and trade
13 secret manufacturing processes including process designs, detailed process steps and parameters
14 to achieve commercially viable Si-C composite BAM, reactor-type selection, reactor design
15 features, vendors, and suppliers. According to his LinkedIn profile, Mr. Massin is now an
16 employee of Nexeon.
17 35. Nexeon not only obtained samples of Group14’s materials and had its employees
18 and consultants conduct in-person due diligence that pored over every detail of Group14’s process
19 and products, but Nexeon also obtained PowerPoints and other documents labeled “Confidential.”
20 Those documents described the specifics of Group14’s processes, methods, and specifications for
21 developing and manufacturing its proprietary porous carbon scaffold and Si-C composite material.
22 36. All of these confidential and trade secret materials, documents, and samples were
23 provided by Group14 to Nexeon pursuant to the NDA, which limited their use by Nexeon solely
24 to “conducting the Research Protocol” and prohibited Nexeon from sharing such “Confidential
25 Information” with “any third party without the prior written consent of” Group14.
26

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Nexeon Offers to Purchase Group14, But When that Fails, Nexeon Files Patent Applications
1 and Publicly Discloses a New Product Called NSP-2
2
37. Nexeon was so intrigued by Group14’s technology that it offered to buy the
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Company in late 2017, but Group14 declined the offer. The companies engaged in several months
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of negotiations, but ultimately, they could not agree on price terms that adequately reflected
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Group14’s long term value in the marketplace.
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38. In January 2018, Nexeon called off acquisition discussions. In emails dated
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January 24 and 25, 2018, Nexeon’s CEO Scott Brown explained, in relevant part, that he had been
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“instructed to withdraw our offer” so that Nexeon could “focus all efforts on commercializing the
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Nexeon materials.” Nexeon later requested a licensing relationship, but Group14 declined the
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offer and elected to retain exclusive rights to its trade secrets.
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39. Suddenly, Nexeon—having studied Group14’s proprietary technology obtained
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under the NDA—changed its strategic direction by copying Group14’s Si-C composite approach.
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In February 2018, unbeknownst to Group14, Nexeon filed a series of patent applications titled
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“Electroactive materials for metal-ion batteries” and “Process for preparing electroactive materials
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for metal-ion batteries.” Nexeon did not disclose the fact of these patent filings to Group14 until
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after the patents published on September 24, 2019. When Group14 learned about the subject
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matter of these patents it was shocked given the significant amount of confidential, proprietary,
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trade secret, and novel information that had been provided to Nexeon under the NDA, numerous
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and specific aspects of which appeared as if they were Nexeon’s invention, in Nexeon’s patents.
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40. After filing the patent applications, Nexeon began promoting a second generation
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silicon anode material on its website called NSP-2, which it described using the following three
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bullet points: “Silicon based material designed for use in high loading anode electrode
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formulations (up to 80 wt.%)”; “Significant increase in anode energy capacity and capacity
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density”; and “Mitigates expansion through the use of engineered porosity at the particle level in
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combination with optimised anode design.” NSP-2, however, was stolen from Group14.
26

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1 Nexeon Breaches the NDA and Misappropriates Group14’s Trade Secrets
2 41. With Group14 having rebuffed overtures from Nexeon to buy the Company and
3 license its technology, Nexeon proceeded to steal Group14’s confidential, proprietary, and trade
4 secret materials and information.
5 42. Metadata from at least three internal Nexeon documents that were shared with
6 Group14 in August and September 2017 show that NSP-2 was the name that Nexeon had given
7 internally to identify Group14’s Si-C composite materials.
8 43. In addition to disclosing Group14’s trade secrets in its patent applications, Nexeon
9 evidently shared Group14’s carbon-based scaffolding and/or information derived therefrom with
10 third parties without Group14’s prior written consent. One such third-party is Ingevity
11 Corporation, a South Carolina corporation that recently announced a $60 million investment in
12 Nexeon to expand production of anode materials in a manner that, just like Group14’s approach,
13 replaces conventional graphite materials with silicon-based anodes. Ingevity will provide carbon
14 scaffolding to Nexeon that is intended to mirror the sample of carbon-based scaffolding that
15 Group14 provided to Nexeon under the NDA on July 10, 2017.
16 44. The press release announcing Ingevity’s investment in Nexeon states that
17 “Ingevity’s funding will enable Nexeon to further develop its proprietary next-generation silicon
18 anode material, NSP-2, and facilitate the construction of manufacturing facilities for the
19 commercialization of Nexeon’s innovative products.” Nexeon is using the confidential,
20 proprietary, and trade secret information provided to it under the NDA to (1) pass-off NSP-2 as if
21 it were its own “proprietary next-generation silicon anode material” and (2) scale up its
22 manufacturing facility “for the commercialization of Nexeon’s” products.
23 45. In short, Nexeon breached the NDA and misappropriated Group14’s trade secrets
24 to file patent applications, promote Group14’s Si-C composite materials as if it were Nexeon’s
25 own product, and secure huge sums of investment capital from investors.
26

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1 46. Group14 believes these wrongful acts by Nexeon may only be the tip of the iceberg.
2 Accordingly, Group14 brings this action to stop Nexeon’s violations of federal and Washington
3 law and to recover damages for the harm it has already caused, and is continuing to cause,
4 Group14.
5 V. CAUSES OF ACTION
6 COUNT I
7 MISAPPROPRIATION OF TRADE SECRETS UNDER THE DEFEND TRADE
8 SECRETS ACT (“DTSA”), 18 U.S.C. §§ 1836, et seq.
9 47. Group14 incorporates by reference the allegations in the preceding paragraphs as if
10 set forth fully herein.
11 48. Group14 intends to sell its Si-C composite materials in interstate commerce and to
12 customers worldwide, including to major global players in the automotive, consumer electronics,
13 and battery manufacturing sectors, as a drop-in ready replacement for traditional graphite anode
14 material in lithium-ion batteries.
15 49. Group14 owns and possesses certain confidential, proprietary, and trade secret
16 information and know-how regarding: (1) porous carbon properties to support optimal silicon
17 properties and battery cell stability and performance; (2) optimal Si-C composite properties, such
18 as silicon loading and the location of silicon within the Si-C composite; (3) methods for
19 determining the optimal Si-C composite properties; and (4) manufacturing processes including
20 process designs, detailed process steps and parameters to achieve commercially viable Si-C
21 composite BAM, reactor-type selection, reactor design features, vendors, and suppliers. Group14
22 shared this confidential, proprietary, and trade secret information and know-how with Nexeon
23 pursuant to the parties’ NDA, which required Nexeon to maintain its secrecy and use it only for
24 the stated purposes provided for in the NDA. These methods, processes, technological
25 advancements and achievements have substantial independent value as a result of being secret
26 because they afford the holder commercial advantages and a head start in the global battery market.

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1 If other competitors obtained such information (as Nexeon did under the guise of the NDA), they
2 would be far more capable of replicating Group14’s remarkable success. To the extent Nexeon
3 stole such information and secured for itself a “free ride” because Nexeon did not need to invest
4 in the research and development that Group14 performed to develop its confidential trade secret
5 information in order to patent the inventions, secure investment, and promote its products, Nexeon
6 has secured an unfair and highly profitable advantage in a competitive market.
7 50. Group14 has taken reasonable measures to maintain its trade secrets in confidence
8 and to prevent their disclosure to or use by unauthorized persons, including requiring employees
9 to enter into multiple agreements, as a condition to their employment, requiring confidentiality,
10 requiring third parties to enter into non-disclosure agreements, and manufacturing its materials in
11 a secure, state-of-the-art facility with limited access rights. Group14 is a private company selling
12 its Si-C composite to highly engaged customers both in and outside the United States strictly for
13 the purpose of evaluating the material for incorporation into a wide variety of battery applications
14 (for example, consumer electronics and electric vehicles). The only third parties who have ever
15 had access to Group14’s confidential, proprietary, and trade secret information and know-how
16 entered into non-disclosure agreements with Group14, imposing restrictions at least as restrictive
17 as those set forth in the NDA with Nexeon.
18 51. The conduct described in the foregoing paragraphs, including Nexeon’s filing
19 multiple patent applications, promoting Group14’s Si-C composite materials as NSP-2, and
20 inducing Ingevity to make an eight-figure investment and supply Nexeon with carbon scaffolding,
21 on the back of technology stolen from Group14, constitutes “actual” trade secret misappropriation
22 by Nexeon under the DTSA. See 18 U.S.C. §§ 1836(b)(3). Given the wealth of material Nexeon
23 obtained, Nexeon’s failure to return Group14’s materials, and the ongoing nature of Nexeon’s
24 conduct, Group14 also faces “threatened” trade secret misappropriation. Id.
25 52. Group14 has been and is being irreparably harmed by Nexeon’s misappropriation
26 of its trade secrets. Without injunctive relief, Group14 will continue to be irreparably harmed by

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1 Nexeon’s misappropriation of its trade secrets, including by Nexeon’s construction of its
2 manufacturing facilities for the commercialization of NSP-2.
3 53. Group14 is entitled to injunctive relief set forth in its Prayer for Relief to prevent
4 Nexeon’s continued misappropriation of its trade secrets. See 18 U.S.C. §§ 1836(b)(3)(A).
5 54. Nexeon’s misappropriation of Group14’s trade secrets, perpetrated over a lengthy
6 period, with full knowledge of the NDA, the nature of Group14’s key trade secrets, and following
7 attempts to lawfully acquire the technology, was willful and malicious.
8 55. Group14 is entitled to damages and the attorneys’ fees that it incurs in this action.
9 Group14 is also entitled to exemplary damages pursuant to 18 U.S.C. § 1836.
10 COUNT II
11 MISAPPROPRIATION OF TRADE SECRETS UNDER THE WASHINGTON
12 UNIFORM TRADE SECRETS ACT (“WUTSA”), RCW CHAPTER 19.108, et seq.
15 57. Group14 owns and possesses certain confidential, proprietary, and trade secret
16 information and know-how regarding: (1) porous carbon properties to support optimal silicon
17 properties and battery cell stability and performance; (2) optimal Si-C composite properties, such
18 as silicon loading and the location of silicon within the Si-C composite; (3) methods for
19 determining the optimal Si-C composite properties; and (4) manufacturing processes including
20 process designs, detailed process steps and parameters to achieve commercially viable Si-C
21 composite BAM, reactor-type selection, reactor design features, vendors, and suppliers. Group14
22 shared this confidential, proprietary, and trade secret information and know-how with Nexeon
23 pursuant to the parties’ NDA, which required Nexeon to maintain its secrecy and use it only for
24 the stated purposes provided for in the NDA. These methods, processes, technological
25 advancements and achievements have substantial independent value as a result of being secret
26 because they afford the holder commercial advantages and a head start in the global battery market.

(206) 452-8700
1 If other competitors obtained such information (as Nexeon did under the guise of the NDA), they
2 would be far more capable of replicating Group14’s remarkable success. To the extent Nexeon
3 stole such information and secured for itself a “free ride” because Nexeon did not need to invest
4 in the research and development that Group14 performed to develop its confidential trade secret
5 information in order to patent the inventions, secure investment, and promote its products, Nexeon
6 has secured an unfair and highly profitable advantage in a competitive market.
7 58. Group14 has taken reasonable measures to maintain its trade secrets in confidence
8 and to prevent their disclosure to or use by unauthorized persons, including requiring employees
9 to enter into multiple agreements, as a condition to their employment, requiring confidentiality,
10 requiring third parties to enter into non-disclosure agreements, and manufacturing its materials in
11 a secure, state-of-the-art facility with limited access rights. Group14 is a private company selling
12 its Si-C composite to highly engaged customers both in and outside the United States strictly for
13 the purpose of evaluating the material for incorporation into a wide variety of battery applications
14 (for example, consumer electronics and electric vehicles). The only third parties who have ever
15 had access to Group14’s confidential, proprietary, and trade secret information and know-how
16 entered into non-disclosure agreements with Group14, imposing restrictions at least as restrictive
17 as those set forth in the NDA with Nexeon.
18 59. The conduct described in the foregoing paragraphs, including Nexeon’s filing
19 multiple patent applications, promoting Group14’s Si-C composite materials as NSP-2, and
20 inducing Ingevity to make an eight-figure investment and supply it with carbon scaffolding, on the
21 back of technology stolen from Group14, constitutes trade secret misappropriation under
22 Washington law.
23 60. Group14 has been and is being irreparably harmed by Nexeon’s misappropriation
24 of its trade secrets. Without injunctive relief, Group14 will continue to be irreparably harmed by
25 Nexeon’s misappropriation of its trade secrets, including, by Nexeon’s construction of its
26 manufacturing facilities for the commercialization of NSP-2.

(206) 452-8700
1 61. Group14 is entitled to injunctive relief set forth in its Prayer for Relief to prevent
2 Nexeon’s continued misappropriation.
3 62. Group14 is entitled to damages for the actual loss caused to it by Nexeon’s
4 misappropriation.
5 63. Nexeon’s misappropriation of Group14’s trade secrets, perpetrated over a lengthy
6 period, with full knowledge of the NDA, the nature of Group14’s key trade secrets, and following
7 attempts to lawfully acquire the technology, was willful and malicious. Accordingly, Group14 is
8 also entitled to exemplary damages and unjust enrichment pursuant to RCW § 19.108.030 and the
9 attorneys’ fees that it incurs in this action pursuant to RCW § 19.108.040.
10 COUNT III
11 BREACH OF CONTRACT UNDER WASHINGTON LAW: THE NDA
14 65. At all times relevant to the allegations in this action, the NDA was a valid, binding,
15 and enforceable written agreement between Group14 and Nexeon that was made for valid
16 consideration, including the exchange of confidential information intended to facilitate a mutually
17 beneficial collaboration.
18 66. Group14 fully performed its contractual duties under the NDA or was otherwise
19 excused from performance.
20 67. Group14 shared with Nexeon confidential, proprietary, and trade secret materials
21 and know-how regarding: (1) porous carbon properties to support optimal silicon properties and
22 battery cell stability and performance; (2) optimal Si-C composite properties, such as silicon
23 loading and the location of silicon within the Si-C composite; (3) methods for determining the
24 optimal Si-C composite properties; and (4) manufacturing processes including process designs,
25 detailed process steps and parameters to achieve commercially viable Si-C composite BAM,
26 reactor-type selection, reactor design features, vendors, and suppliers.

(206) 452-8700
1 68. By failing to use Group14’s confidential, proprietary, and trade secret materials and
2 information “solely to conduct the Research Protocol,” and by retaining and sharing Group14’s
3 confidential, proprietary, and trade secret information with third parties without Group14’s prior
4 written consent, Nexeon has breached, and continues to breach, the NDA. Specifically, in breach
5 of the NDA, Nexeon filed multiple patent applications, promoted Group14’s Si-C composite
6 materials as Nexeon’s NSP-2 product, wrongly attracted investors, and induced Ingevity to make
7 an eight-figure investment and supply Nexeon with carbon scaffolding, on the back of technology
8 stolen from Group14.
9 69. As a result of Nexeon’s breach of the NDA, Group14 has suffered damages in an
10 amount to be proven at trial.
11 70. The NDA specifically provides that Group14 is “entitled to obtain injunctive relief
12 against the threatened breach of the” NDA “or the continuation of any such breach.” Group14 has
13 not yet been able to determine the full extent to which its confidential, proprietary, and trade secret
14 materials and information have already been improperly used and/or disclosed by Nexeon in
15 breach of the NDA and seeks hereby to prevent any such further improper use and disclosure by
16 Nexeon. The NDA specifically provides that “due to the unique nature of the Confidential
17 Information” any breach or threatened breach thereof “shall cause irreparable injury to the
18 discloser . . . without the necessity of proving actual damages.” Accordingly, as a result of
19 Nexeon’s ongoing misappropriation and breach of the NDA, Group14 has suffered, and will
20 continue to suffer immediate, immeasurable, and irreparable harm unless Nexeon is enjoined.
21 COUNT IV
22 UNJUST ENRICHMENT UNDER WASHINGTON LAW – RCW 19.108.030(1)
25 72. Group14 conferred a substantial benefit upon Nexeon, who has accepted, retained,
26 and enjoyed the benefits of the trade secret information it received from Group14 regarding: (1)

(206) 452-8700
1 porous carbon properties to support optimal silicon properties and battery cell stability and
2 performance; (2) optimal Si-C composite properties, such as silicon loading and the location of
3 silicon within the Si-C composite; (3) methods for determining the optimal Si-C composite
4 properties; and (4) manufacturing processes including process designs, detailed process steps and
5 parameters to achieve commercially viable Si-C composite BAM, reactor-type selection, reactor
6 design features, vendors, and suppliers.
7 73. The retention by Nexeon of the benefits conferred on it by Group14 would be unjust
8 and inequitable because such retention is based on the theft of Group14’s trade secrets.
9 74. Nexeon has been unjustly enriched to the detriment and impoverishment of
10 Group14, not least by attracting investment and partnerships that would have otherwise accrued to
11 Group14 and Group14’s impoverishment is a direct result of Nexeon’s unjust enrichment.
12 75. Nexeon, in equity and good conscience, has the obligation to discontinue its use or
13 disclosure of Group14’s trade secret materials or information, and lacks any justification in
14 retaining the benefits conferred on it by Group14.
15 VI. JURY DEMAND
16 Group14 demands a trial by jury as to all claims and issues that may be tried to a jury.
17 VII. PRAYER FOR RELIEF
18 WHEREFORE, Group14 respectfully requests that this Court:
19 1. Enter judgment in Group14’s favor on each Count set forth in this Complaint;
20 2. Award Group14 damages in an amount to be proven at trial, caused by Nexeon’s
21 unlawful conduct, or, in the alternative, restitution for unjust enrichment;
22 3. Award Group14 double and/or punitive damages as permitted by applicable law,
23 including, but not limited to, the DTSA, the WUTSA, and various actions at common law;
24 4. Issue injunctive relief as to Nexeon including but not limited to the following:
25 a. An order requiring Nexeon to deliver and return to Group14 any Group14
26 confidential, proprietary, or trade secret information in its possession within

(206) 452-8700
1 five (5) business days, and further ordering Nexeon to submit to a forensic
2 analysis and examination of its corporate records, including but not limited
3 to its electronic devices, media, and email accounts of any kind;
4 b. An order enjoining Nexeon from any use of the confidential, proprietary or
5 trade secret information for any purpose, including but not limited to, the
6 acquisition or prosecution of intellectual property, the solicitation of
7 investment capital, and the promotion or sale of its NSP-2 product and any
8 other product Nexeon is developing or manufacturing that reflects,
9 embodies or incorporates Group14’s confidential, proprietary, or trade
10 secret information;
11 c. An order enjoining Nexeon from retaining, using, or disclosing Group14’s
12 confidential, proprietary, or trade secret information;
13 d. Any such other equitable relief this Court deems fair and appropriate;
14 5. Payment of attorneys’ fees and costs, as permitted by applicable law, including, but
15 not limited to, the DTSA, the WUTSA, and various actions at common law;
16 6. Repayment of court costs; and
17 7. Any other relief, legal or equitable, this Court deems appropriate.
18
19
20
21
22
23
24
25
26

(206) 452-8700
Dated: September 23, 2022 COOLEY LLP

1
2 /s/ Jeffrey D. Lombard

3 Jeffrey D. Lombard (WSBN 50260)
1700 Seattle Avenue
4 Suite 1900
Seattle, WA 98101-1355
5 Telephone: (206) 452 8700
Fax: (206) 452 8800
6 Email: jlombard@cooley.com
7
Adam S. Gershenson (Mass. Bar No. 671296)
8 (Pro hac vice forthcoming)
500 Boylston Street
9 14th Floor
Boston, MA 02116-3736
10 Telephone: (617) 937 2300
Fax: (617) 937 2400
11 Email: agershenson@cooley.com
12 Attorneys for Plaintiff

Group14 Technologies, Inc.
13
14
15
16
17
18
19
20
21
22
23
24
25
26

(206) 452-8700
Case 2:22-cv-01354-TSZ Document 1-1 Filed 09/23/22 Page 1 of 7
EXHIBIT 1
JS 44 (Rev. 04/21) Case 2:22-cv-01354-TSZ
CIVILDocument
COVER1-2 Filed 09/23/22 Page 1 of 2
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
GROUP14 TECHNOLOGIES, INC., a Delaware NEXEON LIMITED, a limited company registered in England
Corporation and Wales
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant United Kingdom
(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)
Jeff Lombard
Cooley LLP
1700 Seventh Ave, Suite 1900
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/ INTELLECTUAL 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 ✖ 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
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):
18 U.S.C. § 1836, et seq.
VI. CAUSE OF ACTION Brief description of cause:
Violation of the Defend Trade Secrets Act of 2016, Washington Uniform Trade Secret Act, and Breach of Contract
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 /s/ Jeffrey D. Lombard DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
9/23/2022
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 04/21) Case 2:22-cv-01354-TSZ Document 1-2 Filed 09/23/22 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then
the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statute.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service.
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
Western District
__________ of of
District Washington
__________
GROUP14 TECHNOLOGIES, INC., a Delaware )

Corporation )
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
NEXEON LIMITED, a limited company registered in )
England and Wales )
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Nexeon Limited

136 Eastern Avenue
Milton Park
Abingdon
Oxfordshire
OX14 4SB
United Kingdom
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Jeff Lombard
Cooley LLP
1700 Seventh Ave, Suite 1900
Seattle, WA 98101-1355
+1 206 452 8796
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
u I personally served the summons on the individual at (place)

on (date) ; or
u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
u I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
u I returned the summons unexecuted because ; or
u Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:

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Case 2:22-cv-01354-TSZ Document 1 Filed 09/23/22 Page 1 of 22

COMPLAINT COOLEY LLP

2 1. Plaintiff Group14 Technologies, Inc. developed—and Defendant Nexeon Limited

10 charging lithium-silicon batteries.

11 2. Interested in learning more about Group14’s technology, Nexeon and Group14

12 discussed a potential partnership and Nexeon initiated an evaluation of Group14’s technologies.

24 product, the “NSP-2,” based on Group14’s trade secrets.

26 its business to capitalize on what it recognized as Group14’s “key trade secrets”—closely-guarded,

COMPLAINT COOLEY LLP

7 II. THE PARTIES

8 5. Plaintiff Group14 Technologies, Inc. (“Group14” or the “Company”) is a Delaware

9 corporation with its principal place of business in Woodinville, Washington.

10 6. Defendant Nexeon Limited (“Nexeon”) is a limited company organized and

13 III. JURISDICTION AND VENUE

21 inconsistent adjudications of the same issues of law and fact.

25 England and Japan.

COMPLAINT COOLEY LLP

18 Washington’s Long-Arm Statute.

23 IV. FACTUAL ALLEGATIONS

24 Group14 and its Revolutionary Technology

25 12. Group14 is a private company headquartered in Woodinville, Washington. In

COMPLAINT COOLEY LLP

7 13. Group14’s silicon-carbon (“Si-C”) composite technology initially focused on

9 battery applications, and manufacturing Si-C composites by carbonization of carbon precursor

10 materials in the presence of electroactive materials (primarily silicon). In parallel, Group14

17 delivers a revolutionary step-change in performance as a drop-in ready replacement for existing

18 graphite anode material.

23 2017, as WO2017040299 (the “’299 Publication”).

26 information, such as manufacturing processes, know-how, and precise measurements and

COMPLAINT COOLEY LLP

18 Group14’s Reasonable Measures to Protect its Trade Secrets

21 requiring Nexeon to enter the NDA before providing information to Nexeon.

26 employees may enter certain areas within the facilities.

COMPLAINT COOLEY LLP

6 confidentiality provision that states, in part:

COMPLAINT COOLEY LLP

7 Nexeon Enters Into a Strict NDA With Group14 in April 2016

14 from the Parties from time to time.” Ex. 1, “Purpose.”

19 Nexeon’s silicon materials when incorporated into carbon-silicon composite employing

COMPLAINT COOLEY LLP

14 had a single product, a porous silicon material known as NSP-1.

16 conducting extensive due diligence of Group14’s technology, operations, and manufacturing

COMPLAINT COOLEY LLP

3 a Certificate of Analysis marked “Confidential.”

6 and included a Certificate of Analysis marked “Confidential.”

8 2017, Nexeon’s executive team—including Bill Macklin, Nexeon’s chief engineer—visited

9 Group14’s laboratory facilities in Seattle, Washington for a “Nexeon Summit.” In advance of

12 “[k]ey trade secrets.”

13 33. During Nexeon’s visit, Nexeon obtained Group14’s detailed proprietary

COMPLAINT COOLEY LLP

3 investment and promoting a product based on Group14’s trade secrets.

6 silicon manufacturing consultant—visited Group14’s pilot facility in Woodinville, Washington,

COMPLAINT COOLEY LLP

COMPLAINT COOLEY LLP

1 Nexeon Breaches the NDA and Misappropriates Group14’s Trade Secrets

4 secret materials and information.

7 internally to identify Group14’s Si-C composite materials.

15 Group14 provided to Nexeon under the NDA on July 10, 2017.

19 commercialization of Nexeon’s innovative products.” Nexeon is using the confidential,