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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION 

WILLOW INNOVATIONS, INC., 

Plaintiff, 

v. 

CHIARO TECHNOLOGY, LTD., 

Defendant. 

Case No. 2:23-cv-00229 

Jury Trial Demanded 

COMPLAINT FOR PATENT INFRINGEMENT 

Plaintiff Willow Innovations, Inc. (“Willow” or “Plaintiff”) brings this case for willful 

patent infringement against Defendant Chiaro Technology, Ltd. d/b/a Elvie (“Elvie” or 

“Defendant”). Elvie infringes seven patents that cover Willow’s innovative and ground-breaking 

wearable breast milk pump. Willow’s product revolutionized this fundamentally important 

function of human child rearing, and improved the lives of mothers and babies throughout the U.S. 

Elvie’s launch of its infringing product amounts to willful patent infringement, and Willow has 

been damaged to the tune of tens of millions of dollars as a result. Willow seeks redress from this 

Court and a jury for Elvie’s deliberate and wrongful acts. 

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THE PARTIES 

1. Plaintiff Willow Innovations, Incorporated is a corporation organized and existing 

under the laws of the State of Delaware, having a principal place of business at 1975 El Camino 

Real, Suite 306, Mountain View, CA 94040. On October 21, 2020, Willow changed its name from 

“Exploramed NC7, Inc.” to “Willow Innovations, Inc.” 

2. Defendant Chiaro Technology, Limited is a corporation organized and existing 

under the laws of the United Kingdom, with its principal place of business at 63-66 Hatton Garden, 

EC1N 8LE, London, United Kingdom. On the information and belief, Elvie is the trading name 

of Chiaro Technology Limited and conducts business, either directly or through its agents, on an 

ongoing basis in this judicial district and elsewhere in the United States. 

BACKGROUND 

3. Traditional breast milk pumps were decades overdue for innovation. Enter the 

Willow Pump. Founded in 2014, Willow revolutionized the way women pump with the world’s 

first spillproof, in-bra wearable breast pump. Selected as one of TIME Magazine’s 25 Best 

Inventions, the Willow pump was the first to get rid of the heavy motors, tubes, and electrical 

cords—and put moms in control. Traditional pumps required nursing moms to sacrifice hours of 

their day connected to an electrical outlet or to a heavy, conspicuous appliance. Pumping in public 

required either exposing a breast in public, or relying on a public bathroom or similarly 

inconvenient location.1

 Willow was the first to make it possible to pump anywhere, giving moms 

1

 The inconvenience of traditional pumps is a factor for many women who abandon breastfeeding. The benefits of breast-feeding are widely known, and include reduced risk of disease 

for infants and various health benefits for the mother. See 

https://www.cdc.gov/breastfeeding/about-breastfeeding/why-it-matters.html. The American 

Academy of Pediatrics (AAP) updated their policy statement in July 2022 to support 

breastfeeding for at least the first two years. See https://doi.org/10.1542/peds.2022-057988. 

Case 2:23-cv-00229-JRG Document 1 Filed 05/24/23 Page 2 of 55 PageID #: 2
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back their privacy, dignity, and freedom of movement. Since then, Willow has grown into a market 

leader, providing moms with industry-leading suction technology. Willow has gradually grown 

its array of product offerings, with a primary focus on the U.S.—the world’s largest market for 

breast pumps. 

4. Also in 2014, Willow filed for its first United States patent application. It now 

holds more than 35 issued U.S. patents covering the functionality and designs of its products, with 

additional applications currently pending before the United States Patent Office (“USPTO”). In 

addition, Willow holds dozens of international patents in jurisdictions such as Australia, 

Singapore, China, Europe, Japan, Korea, Hong Kong, and the United Kingdom. To protect its 

hard-earned innovations, Willow provides notice to prospective infringers of its extensive patent 

portfolio via its website. https://onewillow.com/about-willow/patents/. This publication also 

satisfies the standard for constructive notice under 35 U.S.C. § 287(a) for purposes of virtual patent 

marking. 

5. Today, Willow is a market leader in “femtech”—a shorthand term used to describe 

technology products and services that support women’s health. The femtech industry is projected 

to be worth $50 billion by 2025. Willow’s product offerings include wearable pumps, containers, 

pumping bras, carrying bags, and other accessories. https://onewillow.com/#. Willow offers for 

sale these products via its website and through select retailers and online marketplaces, such as 

Target, Best Buy, buybuy Baby, and Amazon. 

6. Elvie is based in the United Kingdom and launched its Elvie Pump system in 2018 

at the London Fashion Week. https://techcrunch.com/2018/09/14/kegel-trainer-startup-elvie-isHowever, data indicate that only 1 in 4 infants is exclusively breastfed by the time they reach 6 

months old. See https://www.cdc.gov/breastfeeding/data/nis_data/results.html. 

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launching-a-smaller-smarter-breast-pump/. Later that year, Elvie received clearance from the U.S. 

Food and Drug Administration to market the Elvie Pump in the U.S. 

https://www.accessdata.fda.gov/cdrh_docs/pdf18/K181863.pdf. In its pre-market notification 

report submitted to the FDA, Elvie admitted that its breast pump is substantially equivalent to the 

Willow Pump. See id. (citing product code “HGX” to show the Willow Pump was an FDA-cleared 

predicate device to the Elvie Pump). 

7. Elvie has exploited Willow’s patented technology to secure more than $150 million 

in funding from investors. Most recently, in 2021, Elvie secured $97 million in its Series C funding 

round. https://techcrunch.com/2021/09/07/womens-health-tech-brand-elvie-tops-up-series-c-to97m/. 

8. Elvie has leveraged Willow’s patents to establish itself as a major manufacturer and 

distributor of consumer breast feeding equipment. Willow brings this suit to protect its 

constitutional patent rights against Elvie’s past and continued infringement. 

JURISDICTION AND VENUE 

9. This is a civil action for patent infringement arising under the patent laws of the 

United States, 35 U.S.C. §§ 100 et seq. This Court has jurisdiction over the subject matter of this 

action pursuant to 28 U.S.C. §§ 1331 and 1338(a). 

10. This Court has personal jurisdiction over Elvie at least because it (1) has committed 

acts of patent infringement and contributed to and induced acts of patent infringement by others in 

this District; (2) regularly did business or solicited business in this District; (3) engaged in other 

persistent courses of conduct and derived substantial revenue by its offering of infringing products 

and services and providing infringing products and services in this District; and (4) purposefully 

established substantial, systematic, and continuous contacts with this District and should have 

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reasonably expected to be subject to suit here by its offering of infringing products and services 

and providing infringing products and services in this District. 

11. Elvie has sold their breast pumps and related products within this District via the 

following means: 

a. Through its own online store at http://www.elvie.com, customers—including those 

in this District and throughout Texas—can purchase Elvie’s suite of products. 

Upon information and belief, Elvie uses its agents and distribution partners to direct 

infringing products purchased online to customers in this District. Elvie also uses 

its website to engage with and support its customers. For example, Elvie provides 

instructions for using the Elvie Pump through a variety of publicly-available 

resources, including product manuals, answers to common questions, and how-to 

videos. https://www.elvie.com/assets/manuals/elvie_pump_manual_en.pdf; 

https://www.elvie.com/en-us/support/elvie-pump. 

b. Elvie has authorized at least nine retailers and distributors to sell its products, as 

described at https://www.elvie.com/en-us/partners/b2b-partners. These partners 

include major retailers such as Walmart, Amazon, Target, Costco, and Best Buy—

all of which maintain stores, warehouse facilities, and/or distribution centers in this 

District. As detailed below, customers in this District may purchase Elvie products 

from authorized sellers via (1) the authorized seller’s website; or (2) the authorized 

seller’s brick-and-mortar store located within the District:2 

2

 Elvie’s distribution partners, such as Costco and Amazon, also maintain facilities in this 

District. See https://www.costco.com/warehouse-locations/mckinney-tx-1284.html (showing 

Costco warehouse in McKinney, TX); https://hiring.amazon.com/jobDetail/en-US/AmazonDelivery-Station-WarehouseAssociate/McKinney/a0R4U00000EP4YeUAL#/jobDetail?jobId=a0R4U00000EP4YeUAL&loc

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Elvie Pump – Hands-Free, Wearable Electric Double Breast Pump, Walmart (last visited May 15, 

2023), https://www.walmart.com/ip/Elvie-Pump-Hands-Free-Wearable-Electric-Double-BreastPump/347662224?fulfillmentIntent=In-store&adsRedirect=true (showing Elvie Double Electric 

Breast Pump is available for online purchase and also is in stock at Marshall Supercenter in 

Marshall, TX). 

ale=en-US&seoIndex=1 (advertising job based at Amazon facility, called “DDX2,” in 

McKinney, TX). 

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Elvie Pump – Double Electric Breast Pump, TARGET (last visited May 15, 2023), 

https://www.target.com/p/elvie-pump-double-electric-breast-pump/-/A-75662623#lnk=sametab

(showing Elvie Double Electric Breast Pump is available for online purchase and also is in stock 

at Target in Longview, TX). 

12. Elvie purposefully avails itself of the benefit of conducting business in Texas by 

marketing and selling its products to citizens in the state (including in this District). The United 

States is the largest market in the world for breast pump products, and Texas is the second largest 

state in the United States by population. Given the size of the market and the significant presence 

of retailers, distributors, and other business partners in the state, Elvie has specifically targeted 

Texas as a key market for its products. For example, in August 2022, Elvie’s Chief Commercial 

Officer, Aoife Zakaras-Nally, provided comments to the Houston Chronicle3

 touting the benefits 

3

 The Houston Chronicle’s parent company, the Hearst Corporation, states that the Chronicle has 

“825,000 daily readers and 1.4 million readers on Sunday.” 

https://www.hearst.com/newspapers/houstonchronicle#:~:text=In%20addition%20to%20the%20Houston,million%20unique%20visitors%20e

ach%20month. 

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and commercial success of the Elvie Pump. https://www.houstonchronicle.com/lifestyle/renewhouston/health/article/Breastfeeding-will-never-be-free-But-it-can-be17339050.php?cmpid=gsa-chron-result. Houston is a particularly important market for Elvie, 

given the size and reach of its medical community. See id. (Dr. Stan Spinner, chief medical officer 

of Texas Children’s Hospital based in Houston, describing the benefits of breastfeeding). 

13. In addition, on information and belief, Elvie exercises control over its distributors, 

retailers, and other partners that conduct Elvie’s business in Texas. For example, Elvie limits its 

product warranty—ranging in duration from 90 days to two years from the date of purchase—to 

those products purchased directly from Elvie and its authorized sellers. See

https://www.elvie.com/en-us/warranty (“[T]his limited warranty applies only to original 

purchasers of Elvie Product(s) that were purchased from Chiaro or a Chiaro authorized seller in 

the United States, unless otherwise prohibited by law.”). On its website, Elvie provides 

instructions for anyone interested in becoming an authorized seller of Elvie products. 

https://www.elvie.com/en-us/partners/b2b-partners. 

14. Elvie, directly and through subsidiaries or intermediaries (including distributors, 

retailers, and others), has purposefully and voluntarily placed its infringing products into this 

District and into the stream of commerce with the intention and expectation that the infringing 

products will be purchased for use in Texas and in this District. Elvie has imported, offered for 

sale and sold, and continues to import, offer for sale and sell, infringing products for delivery and 

use in this District. Thus, Elvie has intentionally targeted Texas, and this District, for its business 

activities, and has purposefully availed itself of the benefits of conducting business in Texas such 

that it should reasonably anticipate being subject to its laws and the jurisdiction of its courts. 

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Further, Willow’s infringement allegations arise out of and relate to Elvie’s commercial activities 

in Texas. 

15. Venue is proper in this District under at least 28 U.S.C. §§ 1391(b), (c) and/or 

1400(b). Venue is proper with respect to Elvie because it is a foreign entity that has committed 

acts of infringement in this District, as detailed throughout this Complaint. Elvie has committed 

and continues to commit acts of patent infringement in this District, by, among other things, 

directly and/or indirectly making, using, selling, offering to sell, or importing products that infringe 

one or more claims of the Patents-in-Suit. 

THE ASSERTED PATENTS 

16. This action involves seven asserted patents: U.S. Patent No. 10,398,816 (“the ’816 

Patent”), U.S. Patent No. 10,434,228 (“the ’228 Patent”), U.S. Patent No. 10,625,005 (“the ’005 

Patent”), U.S. Patent No. 10,722,624 (“the ’624 Patent”), U.S. Patent No. 11,185,619 (“the ’619 

Patent”), U.S. Design Patent No. D832,995 (“the ’D995 Patent”), and U.S. Design Patent No. 

D977,625 (“the ’D625 Patent”) (collectively, the “Asserted Patents”). 

17. The Asserted Patents recognized multiple problems with then-existing systems and 

methods for pumping milk. For example, as the ’624 Patent explains, “[a]lthough a variety of 

breast pumps are available, most are awkward and cumbersome, requiring many parts and 

assemblies and being difficult to transport.” Exhibit 1 at 1:30-32. Manual breast pumps can be 

“onerous” and “painful” to use. Id. at 1:33-34. Some of the available powered breast pumps 

“require an AC power source to plug into during use,” while other available battery-powered 

pumps “draw down the battery power fairly rapidly as the motorized pump continuously operates 

to maintain suction during the milk extraction process.” Id. at 1:36-38. Existing pumps had the 

further disadvantages of being “clearly visible to an observer when the mother is using it” and 

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“expos[ing] the breast of the mother during use.” Id. at 1:38-41. As the ’624 Patent explains, 

‘[t]here is a continuing need for a small, portable...wearable breast pump system” that would not 

expose the breast of the user, and could be “invisible or nearly unnoticeable when worn.” Id. at 

1:42-46. 

18. To address these deficiencies in the art, the Asserted Patents provide a wearable, 

inconspicuous, convenient pump. In various embodiments, “the system defines a natural breast 

profile” which would “fit comfortably and conveniently into a bra of a user and to present a natural 

look.” Exhibit 1 at 2:5-8. The pumping devices and storage containers of the inventions can be 

“sized and shaped to be received within a user’s bra.” Id. at 2:24-26. “Pumping of milk from a 

breast can occur without creating a change in a total mass and volume of the breast, pump device 

and storage container. The storage container can be one or more of flexible, or position around 

the breast.” Id. at 2:26-30. 

U.S. Patent No. 10,398,816 

19. On September 3, 2019, the USPTO duly and lawfully issued the ’816 Patent, 

entitled “Breast pump system with flange.” A true and correct copy of the ’816 Patent is attached 

as Exhibit 2. By assignment, duly recorded with the USPTO, Willow owns all substantial rights 

to the ’816 Patent, including the right to sue and recover damages for all infringement. 4 

20. The ’816 Patent generally relates to a breast pumping system where milk is 

expressed from the breast under suction, and the milk is moved by the pumping mechanism to a 

collection container using pressure and all responsive to a controller. See id. at Abstract. The ’816 

4

 Although the Asserted Patents were originally assigned to “Exploramed NC7, Inc.,” that entity 

has since changed its name to “Willow Innovations, Inc.” Ex. 3. Thus, Plaintiff Willow 

Innovations, Inc. is the current assignee and title holder of the Asserted Patents and the owner of 

all rights and interest in the same. 

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Patent further provides for a portion of the system that contacts the skin, called the flange, designed 

as a “lower profile component” as compared to the prior art. Id. at 20:10-11. 

21. The ’816 Patent recognized a problem with then-existing systems and methods for 

pumping milk. As the ’816 Patent explains, “[a]lthough a variety of breast pumps are available, 

most are awkward and cumbersome, requiring many parts and assemblies and being difficult to 

transport.” Exhibit 2 at 1:23-25. Manual breast pumps can be “onerous” and “painful” to use. Id. 

at 1:25-27. Some of the available powered breast pumps “require an AC power source to plug into 

during use,” while other available battery-powered pumps “draw down the battery power fairly 

rapidly as the motorized pump continuously operates to maintain suction during the milk extraction 

process.” Id. at 1:27-31. Existing pumps had the further disadvantages of being “clearly visible 

to an observer when the mother is using it” and “expos[ing] the breast of the mother during use.” 

Id. at 1:31-34. In addition, “[m]any existing breast pump systems can cause considerable 

discomfort to the user over time. One cause of such discomfort is chafing of the nipple against the 

nipple flange/housing as the nipple stretches and contracts during the pumping session. There is 

a continuing need for a breast pump system that is more comfortable to the user, even over repeated 

pumping sessions.” Id. at 1:49-55. 

22. The ’816 Patent describes specific improvements to then-existing systems and 

methods for pumping milk. For example, in various embodiments, “the system defines a natural 

breast profile” which would “fit comfortably and conveniently into a bra of a user and to present 

a natural look.” Id. at 2:14-18. In addition, the claimed system maintains “at least a latch suction 

level at all times,” which results in a “more secure and persistent seal to the breast and significantly 

reduce[d] potential for leaks.” Id. at 20:3-6. This has several benefits to the user, including “less 

friction on the side of the nipple against the flange wall, thereby greatly reducing the risk of 

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irritation, skin damage, pain, swelling, etc.” Id. at 19:64-67. Additionally, because “the nipple 

travels less, this allows for the skin attachment member/flange to be designed as a lower profile 

component, as its length can be shorter...” Id. at 20:9-11. This benefit in turn limits the “overall 

amount of protrusion of the system from the breast to less than that in the prior art...” Id. at 20: 

13-15. 

23. As an example of the improvements in the ’816 Patent over the prior art, Figure 8 

provides a flange of an embodiment of the invention, and Figure 9 provides an exemplary prior art 

flange: 

24. The claims of the ’816 Patent capture specific technological improvements. For 

example, Claim 1 of the ’816 Patent provides for “a flange attached to the breast pump shell and 

configured to receive the breast” with a “rigid nipple receiving portion.” Id., Claim 1, 50:56-61. 

Claim 6 of the ’816 Patent adds a limitation to a “control loop [] used to adjust a speed of the 

compression member to vary or maintain the suction pressure.” Id., Claim 6, 51:12-16. 

25. The claimed improvements of the ’816 Patent, including the ability to maintain 

suction and the corresponding characteristics of the claimed flange, were not routine, conventional, 

or well-known. These improvements were advantageous and inventive over the prior art systems 

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that were cumbersome, difficult to transport, inefficient and/or inconvenient to power, and difficult 

to use discreetly. The ’816 Patent recognized the unconventional and advantageous nature of the 

claimed small, portable, self-powered, energy efficient, wearable breast pump system. Id. at 1:35-

49. As the ’816 Patent explains, these improvements were advantageous and inventive over the 

prior art systems with less comfortable skin contact portions. The ’816 Patent recognized the 

unconventional and advantageous nature of achieving a shorter protrusion of the system from the 

breast, by providing improved suction and, in turn, the claimed flange. The improved systems and 

methods of the ’816 Patent, recited in the claims, provide technological benefits over the prior art. 

U.S. Patent No. 10,434,228 

26. On October 8, 2019, the USPTO duly and lawfully issued the ’228 Patent, entitled 

“Breast pump system and methods.” A true and correct copy of the ’228 Patent is attached as 

Exhibit 4. By assignment, duly recorded with the USPTO, Willow owns all substantial rights to 

the ’228 Patent, including the right to sue and recover damages for all infringement. 

27. The ’228 Patent generally relates to a breast pumping system where milk is 

expressed from the breast under suction, and the milk is moved by the pumping mechanism to a 

collection container using pressure. See id. at Abstract. 

28. The ’228 Patent recognized a problem with then-existing systems and methods for 

pumping milk. As the ’228 Patent explains, “[w]hen a user has completed the pumping phase of 

extracting milk..., it is useful and efficient to purge as much milk that remains...from the tubing 

[] and into the milk collection container [].” Id. at 41:8-11. 

29. The ’228 Patent describes specific improvements to then-existing systems and 

methods for pumping milk. In particular, the ’228 Patent provides systems with numerous 

methods for avoiding loss of milk after extraction from the breast. For example, Figure 38 

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illustrates events that may be carried out to perform a purge. Id. at 14:37-39. Figures 39A and 

39B further provide additional arrangements that may be provided to help prevent loss of milk out 

of the system. 

30. The claims of the ’228 Patent capture specific technological improvements. For 

example, Claim 1 provides an automated method of pumping milk, “wherein the milk is pumped 

from the breast to the collection container upwardly through the milk flow path relative to a bottom 

of the breast contacting structure.” Id. at Claim 1, 50:44-47. 

31. The claimed improvements of the ’228 Patent were not routine, conventional, or 

well-known. As the ’228 Patent explains, these improvements were advantageous and inventive 

over the prior art techniques without the provided methods of avoiding milk loss. The ’228 Patent 

recognized the unconventional and advantageous nature of directing the flow of milk upward. The 

improved systems and methods of the ’228 Patent, recited in the claims, provide technological 

benefits over the prior art. 

U.S. Patent No. 10,625,005 

32. On April 21, 2020, the USPTO duly and lawfully issued the ’005 Patent, entitled 

“Breast pump assembly with remote interface.” A true and correct copy of the ’005 Patent is 

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attached as Exhibit 5. By assignment, duly recorded with the USPTO, Willow owns all substantial 

rights to the ’005 Patent, including the right to sue and recover damages for all infringement. 

33. The ’005 Patent generally relates to a breast pumping system where milk is 

expressed from the breast under suction, and the milk is moved by the pumping mechanism to a 

collection container using pressure. See id. at Abstract. The ’005 Patent provides for a remote 

user interface system, including user control functionality. Id. at Claim 1, 28:33-34. 

34. The ’005 Patent recognized a problem with then-existing systems and methods for 

pumping milk. As the ’005 Patent explains, “[t]here is a continuing need for a small, portable, 

self-powered, energy efficient, wearable breast pump that is easy to use, that mimics natural 

nursing, and is...nearly unnoticeable when worn.” Id. at 1:54-58. In particular, it would be 

desirable to “easily and accurately monitor[] the volume of milk pumped by the system” and to 

“track milk volume pumped per session.” Id. at 1:59-67. 

35. The ’005 Patent describes specific improvements to then-existing systems and 

methods for pumping milk. For example, a remote user interface system allows for “at least the 

session start time, the session end time and total volume of milk extracted from the breast” to be 

“stored and tracked.” Id. at 25:15-17. Live data and historical data can be treated differently, and 

be downloaded to an external device during or immediately after a session, or downloaded as 

multiple session data. Id. at 25:27-46. The remote user interface “can also include specific user 

control functionality, and various related easy to understand displays.” Id. at 26:15-16. Figures 

30 and 31 provide exemplary aspects of a remote user interface system: 

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36. The claims of the ’005 Patent capture specific technological improvements. For 

example, Claim 1 is directed to a breast pump with a wireless transmitter, a “language protocol for 

two-way communication between the breast pump and an external device,” and a “remote user 

interface including user control functionality” and “an input for the human to adjust the breast 

pump with the external device.” Id. at Claim 1, 28:25-41. 

37. The claimed improvements of the ’005 Patent were not routine, conventional, or 

well-known. As the ’005 Patent explains, these improvements were advantageous and inventive 

over the prior art techniques that did not allow for a remote user interface system. The ’005 Patent 

recognized the unconventional and advantageous nature of a wireless system that empowered 

nursing mothers to control the operation of the breast pump through an external device. The 

improved systems and methods of the ’005 Patent, recited in the claims, provide technological 

benefits over the prior art. 

U.S. Patent No. 10,722,624 

38. On July 28, 2020, the USPTO duly and lawfully issued the ’624 Patent, entitled 

“Breast pump assembly with breast adapter.” A true and correct copy of the ’624 Patent is attached 

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as Exhibit 1. By assignment, duly recorded with the USPTO, Willow owns all substantial rights 

to the ’624 Patent, including the right to sue and recover damages for all infringement. 

39. The ’624 Patent generally relates to a breast milk pump that uses a pumping 

mechanism to expulse milk from a breast and to then store the milk in a milk collection container. 

The entire assembly may include both the pump and the storage container. See id. at Abstract. 

40. The ’624 Patent provides for various embodiments of the breast pumping system. 

In one example, in order to achieve the desired milk expression, “suction applied to the breast for 

expression of milk involves a first suction level, and during expulsing, a second suction level is 

maintained against the breast, the second suction level being lower than the first suction level.” Id. 

at 1:67-2:4. 

41. As the ’624 Patent explains, “[a]lthough a variety of breast pumps are available, 

most are awkward and cumbersome, requiring many parts and assemblies and being difficult to 

transport.” Id. at 1:30-32. Manual breast pumps can be “onerous” and “painful” to use. Id. at 

1:32-34. Some of the available powered breast pumps “require an AC power source to plug into 

during use,” while other available battery-powered pumps “draw down the battery power fairly 

rapidly as the motorized pump continuously operates to maintain suction during the milk extraction 

process.” Id. at 1:33-37. Existing pumps had the further disadvantages of being “clearly visible 

to an observer when the mother is using it” and “expos[ing] the breast of the mother during use.” 

Id. at 1:37-40. 

42. The ’624 Patent describes specific improvements to then-existing systems and 

methods for pumping milk. For example, in various embodiments, “the system defines a natural 

breast profile” which would “fit comfortably and conveniently into a bra of a user and to present 

a natural look.” Id. at 2:5-8. Another approach could include “outputting at least one of 

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operational and/or sensed parameters, and modifying at least one operational setting based upon” 

the same. Id. at 3:47-49. An operational setting could include “suction level setting, suction 

waveform definition, extraction phase time, threshold milk volume estimate per extraction phase 

expulsion, pressure, rest phase time, heating temperatures, heating times, vibration frequency and 

vibration times.” Id. at 3:50-55. The ’624 Patent provides a system or method that “can further 

perform in real-time, or as a feedback loop.” Id. at 3:49-50. 

43. The claims of the ’624 Patent capture specific technological improvements. For 

example, Claim 1 is directed to an “automated system for controlling pumping cycles” including 

a “sensor which detects when the milk collection container is full” and a controller that 

“automatically changes application of suction” based on the phase of milk expression from the 

user. Id. at Claim 1, 53:10-54:8. 

44. The claimed improvements of the ’624 Patent were not routine, conventional, or 

well-known. As the ’624 Patent explains, these improvements were advantageous and inventive 

over the prior art systems that were cumbersome, difficult to transport, inefficient and/or 

inconvenient to power, and difficult to use discreetly. The ’624 Patent recognized the 

unconventional and advantageous nature of the claimed small, portable, self-powered, energy 

efficient, wearable breast pump system. Id. at 1:42-46. The claims recited systems with features 

including control of the pumping cycle. Id. at Claim 1, 53:10-54:8. The improved systems and 

methods of the ’624 Patent, recited in the claims, provide technological benefits over the prior art. 

U.S. Patent No. 11,185,619 

45. On November 30, 2021, the USPTO duly and lawfully issued the ’619 Patent, 

entitled “Breast pump system with pressure sensor.” A true and correct copy of the ’619 Patent is 

Case 2:23-cv-00229-JRG Document 1 Filed 05/24/23 Page 18 of 55 PageID #: 18
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attached as Exhibit 6. By assignment, duly recorded with the USPTO, Willow owns all substantial 

rights to the ’619 Patent, including the right to sue and recover damages for all infringement. 

46. The ’619 Patent generally relates to a breast pumping system where milk is 

expressed from the breast under suction, and the milk is moved from the pumping mechanism to 

a collection container using pressure and all responsive to a controller. See id. at Abstract. The 

system of the ’619 Patent further includes a wireless transmitter and a pressure sensor. 

47. The ’619 Patent recognized a problem with then-existing systems and methods for 

pumping milk. As the ’619 Patent explains, “[a]lthough a variety of breast pumps are available, 

most are awkward and cumbersome, requiring many parts and assemblies and being difficult to 

transport.” Id. at 1:25-27. Manual breast pumps can be “onerous” and “painful” to use. Id. at 

1:27-29. Some of the available powered breast pumps “require an AC power source to plug into 

during use,” while other available battery-powered pumps “draw down the battery power fairly 

rapidly as the motorized pump continuously operates to maintain suction during the milk extraction 

process.” Id. at 1:30-33. Existing pumps had the further disadvantages of being “clearly visible 

to an observer when the mother is using it” and “expos[ing] the breast of the mother during use.” 

Id. at 1:33-36. The ’619 Patent explained the desirability of “a breast pump system that easily and 

accurately monitors the volume of milk pumped by the system,” and that it “would also be 

desirable to track milk volume pumped by the system.” Id. at 1:43-49. 

48. The ’619 Patent describes specific improvements to then-existing systems and 

methods for pumping milk. For example, the system of the ’619 Patent provides for a sensor “used 

to provide feedback to the controller” to control the pumping cycles. Id. at 29:42-48. With a 

sensor present, “it is possible to derive/calculate approximately the volume of milk produced 

during a pumping session as well as understand the flow-rate at any particular time in a pumping 

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session.” Id. at 30:8-14. The ’619 Patent further provides for wireless connection between the 

controller of the pumping system and an external computer, such as a smartphone or laptop. Id. at 

35:66-36:5. Through this connection, the system of the ’619 Patent can compile information 

related to milk extraction and collection. Id. at 37:25-32; 38:21-39. 

49. The claims of the ’619 Patent capture specific technological improvements. For 

example, Claim 1 is directed to a system that includes a vacuum pumping mechanism, a wireless 

transmitter, and a non-contact pressure sensor that measures vacuum levels within the automated 

system. Id. at Claim 1, 50:44-61. 

50. The claimed improvements of the ’619 Patent were not routine, conventional, or 

well-known. As the ’619 Patent explains, these improvements were advantageous and inventive 

over the prior art techniques that did not meet the needs of nursing mothers. The ’619 Patent 

recognized the unconventional and advantageous nature of using a non-contact sensor to monitor 

the process of extraction and collection, and a wireless transmitter to convey information related 

to extracted and collected milk. The improved systems and methods of the ’619 Patent, recited in 

the claims, provide technological benefits over the prior art. 

U.S. Design Patent No. D832,995 

51. On November 6, 2018, the USPTO duly and lawfully issued the ’D995 Patent, 

entitled “Breast pump.” A true and correct copy of the ’D995 Patent is attached as Exhibit 7. By 

assignment, duly recorded with the USPTO, Willow owns all substantial rights to the ’D995 

Patent, including the right to sue and recover damages for all infringement. 

52. The ’D995 Patent is an ornamental design for a breast pump, as shown and 

described. Figure 1 provides an isometric view of the claimed breast pump: 

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U.S. Design Patent No. D977,625 

53. On February 7, 2023, the USPTO duly and lawfully issued the ’D625 Patent, 

entitled “Breast pump.” A true and correct copy of the ’D625 Patent is attached as Exhibit 8. By 

assignment, duly recorded with the USPTO, Willow owns all substantial rights to the ’D625 

Patent, including the right to sue and recover damages for all infringement. 

54. The ’D625 Patent is an ornamental design for a breast pump, as shown and 

described. Figure 1 provides an isometric view of the claimed breast pump: 

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THE ACCUSED PRODUCTS 

55. Elvie infringed, and continues to directly infringe, each of the Asserted Patents in 

violation of 35 U.S.C. § 271(a) by making, using, selling, offering for sale in the United States, 

and/or importing into the United States, without authorization, products that practice the various 

claims of the Asserted Patents literally or under the doctrine of equivalents. Those products 

include, for example, the Elvie Pump and any mobile applications designed for use in conjunction 

with the Elvie Pump (collectively, the “Accused Products”). 

COUNT I: INFRINGEMENT OF U.S. PATENT NO. 10,398,816 

56. Willow incorporates by reference the proceeding paragraphs as if fully set forth 

herein. 

57. Elvie has directly infringed, and continues to directly infringe, the ’816 Patent in 

violation of 35 U.S.C. § 271(a) by making, using, selling, offering for sale in the United States, 

and/or importing into the United States, without authorization, the Accused Products that practice 

various claims of the ’816 Patent literally or under the doctrine of equivalents. 

58. Willow has complied with all statutory requirements, including the requirements of 

35 U.S.C. § 287, to pursue and recover for any infringement of the ’816 Patent. 

59. As a non-limiting example, the Accused Products meet every element of at least 

Claim 1 of the ’816 Patent literally or under the doctrine of equivalents. Claim 1 recites: 

[preamble] An automated breast pump system for pumping milk from a breast of 

a user, comprising: 

[1a] a breast pump configured to fit within a bra, the breast pump including: 

[1b] a breast pump shell housing a milk flow path; 

[1c] a pumping mechanism, the pumping mechanism contained completely within 

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the breast pump shell; 

[1d] a fluid container configured to directly engage and be supported by the breast 

pump shell, wherein the fluid container is connected to the milk flow path; 

[1e] a flange attached to the breast pump shell and configured to receive the breast, 

the flange including a rigid nipple receiving portion and a bottom portion, the 

bottom portion configured below the nipple receiving portion during use, the nipple 

receiving portion including a proximal end defining an opening; and 

[1f] an external computer that automatically tracks pumping and communicates 

with the pumping mechanism; 

[1g] wherein the pumping mechanism is associated with the rigid nipple receiving 

portion and the pumping mechanism is configured to create a suction force from 

the rigid nipple receiving portion, the suction force and the milk flow path both 

being directed generally upward relative to the bottom portion of the flange. 

60. Exhibit 9 to this Complaint is a claim chart showing a non-limiting example of how 

Elvie’s breast pumps and applications satisfy Claim 1 literally or under the doctrine of equivalents. 

The components and functionality in this chart are representative of the components and 

functionality present in all Accused Products. Elvie thus directly infringed and continues to 

directly infringe each limitation of at least Claim 1 of the ’816 Patent by making, using, selling, 

offering for sale in the United States, and/or importing into the United States, without 

authorization, the Accused Products. 

61. On information and belief, Elvie has known about the ’816 Patent since at least its 

issuance on September 3, 2019. Elvie’s knowledge is due to at least (1) its presence in the breast 

pump market and status as Willow’s competitor; (2) its monitoring of competitors’ patent 

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applications and issued patents; (3) its claim that its Elvie Pump is substantially equivalent to the 

Willow Pump during FDA pre-market proceedings and (4) Willow’s substantial and continuous 

practice of providing constructive notice of its patents on its website. On information and belief, 

competitors such as Elvie generally monitor the patent applications, issued patents, and litigation 

activity of one another. 

62. For example, the ’816 Patent was cited during the prosecution of Elvie’s patent 

applications. See Exs. 10, 11 (U.S. Patent Nos. 11,413,380 and D954,933, assigned to Elvie, citing 

the ’816 Patent). Accordingly, Elvie had pre-suit knowledge of the ’816 Patent at least through its 

prosecution activities. 

63. In the alternative, at least as of the filing date of this lawsuit, Elvie has had 

knowledge of the ’816 Patent and knowledge of how Elvie and third parties infringe that patent. 

64. Elvie’s knowledge of the ’816 Patent is sufficient to satisfy the knowledge element 

for induced, contributory, and willful infringement. 

65. Elvie indirectly infringes at least Claim 1 of the ’816 Patent in violation of 35 

U.S.C. § 271(b) by taking active steps to encourage and facilitate direct infringement by third 

parties, including users, partners, affiliates, subsidiaries, and service providers, in the United States 

with knowledge and the specific intent that its efforts would result in the direct infringement of the 

’816 Patent. For example, Elvie actively induces infringement of the ’816 Patent by designing, 

manufacturing, selling, or distributing the Accused Products and then training its customers and 

users on the use of those products and the accompanying mobile applications, including through 

the creation and dissemination of supporting materials, videos, instructions, product manuals, and 

technical information. https://www.elvie.com/en-us/support/elvie-pump/using-elvie-pumpapp/can-i-use-elvie-pump-without-the-app. In addition, Elvie actively induces infringement of the 

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’816 Patent by instructing, encouraging, or requiring its subsidiaries and affiliates to make, use, 

sell, offer for sale in the United States, and import into the United States, without authorization, 

the Accused Products that practice various claims of the ’816 Patent, such as the Elvie Pump that 

is used in combination with the corresponding mobile applications. Further, Elvie actively induces 

infringement of the ’816 Patent through the creation and dissemination of promotional and 

marketing materials. https://www.youtube.com/watch?v=EXumEnA5qAw&t=95s. Elvie’s 

active inducement is done with the knowledge and the specific intent that its efforts would result 

in the direct infringement of the ’816 Patent. 

66. Elvie also is liable for contributory infringement of the ’816 Patent under 35 U.S.C. 

§ 271(c) by selling or offering for sale the Accused Products and/or other components (e.g., breast 

pump accessories, mobile applications, etc.) in the United States and importing the Accused 

Products and/or other components (e.g., breast pump accessories, mobile applications, etc.) into 

the United States with knowledge that they are especially designed or adapted to operate in a 

manner that infringes the ’816 Patent and are not a staple article or commodity of commerce 

suitable for substantial non-infringing use. Elvie contributes to infringement of the ’816 Patent 

by, inter alia, promotion, and/or sales of the infringing Accused Products and/or other components 

(e.g., breast pump accessories, mobile applications, etc.) to third parties. 

67. Elvie’s infringement of the ’816 Patent has been and continues to be willful. As 

described above, Elvie has had knowledge of the ’816 Patent at least since its issuance on 

September 3, 2019. On its website, Willow has provided substantial and continuous notice to 

infringers such as Elvie regarding the Asserted Patents, and Willow has included in such notice an 

identification of Willow products that practice the Asserted Patents. Thus, as one of Willow’s 

primary competitors, Elvie had actual knowledge of the ’816 Patent or was willfully blind to its 

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existence. In the alternative, Elvie’s infringement has been willful at least since the filing date of 

this lawsuit because it has deliberately continued to infringe the ’816 Patent despite knowing of 

the patent and how Elvie infringes. Further, Willow has deliberately continued to encourage 

others’ infringement of the ’816 Patent, including by continuing to disseminate its marketing and 

technical materials to customers. 

68. Elvie’s acts of infringement have injured and damaged Willow and will continue 

to injure and damage Willow. Willow is therefore entitled to recover from Elvie the damages it 

has sustained as a result of Elvie’s wrongful and continued acts in an amount to be proven at trial. 

69. Elvie’s infringement has damaged and will continue to damage Willow irreparably, 

and Willow has no adequate remedy at law for its injuries. In addition to actual damages, Willow 

is entitled to a permanent injunction enjoining Elvie from infringing the ’816 Patent. 

COUNT II: INFRINGEMENT OF U.S. PATENT NO. 10,434,228 

70. Willow incorporates by reference the proceeding paragraphs as if fully set forth 

herein. 

71. Elvie has directly infringed, and continues to directly infringe, the ’228 Patent in 

violation of 35 U.S.C. § 271(a) by making, using, selling, offering for sale in the United States, 

and/or importing into the United States, without authorization, the Accused Products that practice 

various claims of the ’228 Patent literally or under the doctrine of equivalents. 

72. Willow has complied with all statutory requirements, including the requirements of 

35 U.S.C. § 287, to pursue and recover for any infringement of the ’228 Patent. 

73. As a non-limiting example, the Accused Products meet every element of at least 

Claim 1 of the ’228 Patent literally or under the doctrine of equivalents. Claim 1 recites: 

[preamble] An automated method of pumping milk from a breast, the method 

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comprising: 

[1a] providing a breast pump system configured to fit within a bra, the breast pump 

system including a breast pump housing, a breast contacting structure, a milk flow 

path, and a collection container; 

[1b] the milk flow path and the collection container contained within the breast 

pump housing; 

[1c] forming a seal between the breast pump system and the breast; and 

[1d] pumping milk expressed from the breast to the collection container; 

[1e] wherein the milk is pumped from the breast to the collection container 

upwardly through the milk flow path relative to a bottom of the breast contacting 

structure. 

74. Exhibit 12 to this Complaint is a claim chart showing a non-limiting example of 

how Elvie’s breast pumps and applications satisfy Claim 1 literally or under the doctrine of 

equivalents. The components and functionality in this chart are representative of the components 

and functionality present in all Accused Products. Elvie thus directly infringed and continues to 

directly infringe each limitation of at least Claim 1 of the ’228 Patent by making, using, selling, 

offering for sale in the United States, and/or importing into the United States, without 

authorization, the Accused Products. 

75. On information and belief, Elvie has known about the ’228 Patent since at least its 

issuance on October 8, 2019. Elvie’s knowledge is due to at least (1) its presence in the breast 

pump market and status as Willow’s competitor; (2) its monitoring of competitors’ patent 

applications and issued patents; (3) its claim that its Elvie Pump is substantially equivalent to the 

Willow Pump during FDA pre-market proceedings; and (4) Willow’s substantial and continuous 

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practice of providing constructive notice of its patents on its website. On information and belief, 

competitors such as Elvie generally monitor the patent applications, issued patents, and litigation 

activity of one another. 

76. For example, the ’228 Patent was cited during the prosecution of one or more of 

Elvie’s patent applications. See Ex. 10 (U.S. Patent No. 11,413,380, assigned to Elvie, citing U.S. 

Pat. App. Pub. No. 2018/0021490—the child application of the ’228 Patent). Accordingly, Elvie 

had pre-suit knowledge of the ’228 Patent at least through its prosecution activities. 

77. In the alternative, at least as of the filing date of this lawsuit, Elvie has had 

knowledge of the ’228 Patent and knowledge of how Elvie and third parties infringe that patent. 

78. Elvie’s knowledge of the ’228 Patent is sufficient to satisfy the knowledge element 

for induced, contributory, and willful infringement. 

79. Elvie indirectly infringes at least Claim 1 of the ’228 Patent in violation of 35 

U.S.C. § 271(b) by taking active steps to encourage and facilitate direct infringement by third 

parties, including users, partners, affiliates, subsidiaries, and service providers, in the United States 

with knowledge and the specific intent that its efforts would result in the direct infringement of the 

’228 Patent. For example, Elvie actively induces infringement of the ’228 Patent by designing, 

manufacturing, selling, or distributing the Accused Products and then training its customers and 

users on the use of those products and the accompanying mobile applications, including through 

the creation and dissemination of supporting materials, videos, instructions, product manuals, and 

technical information. https://www.elvie.com/en-us/support/elvie-pump/using-elvie-pumpapp/can-i-use-elvie-pump-without-the-app. In addition, Elvie actively induces infringement of the 

’228 Patent by instructing, encouraging, or requiring its subsidiaries and affiliates to make, use, 

sell, offer for sale in the United States, and import into the United States, without authorization, 

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the Accused Products that practice various claims of the ’228 Patent, such as the Elvie Pump that 

is used in combination with the corresponding mobile applications. Further, Elvie actively induces 

infringement of the ’228 Patent through the creation and dissemination of promotional and 

marketing materials. https://www.youtube.com/watch?v=EXumEnA5qAw&t=95s. Elvie’s 

active inducement is done with the knowledge and the specific intent that its efforts would result 

in the direct infringement of the ’228 Patent. 

80. Elvie also is liable for contributory infringement of the ’228 Patent under 35 U.S.C 

§ 271(c) by selling or offering for sale the Accused Products and/or other components (e.g., breast 

pump accessories, mobile applications, etc.) in the United States and importing the Accused 

Products and/or other components (e.g., breast pump accessories, mobile applications, etc.) into 

the United States with knowledge that they are especially designed or adapted to operate in a 

manner that infringes the ’228 Patent and are not a staple article or commodity of commerce 

suitable for substantial non-infringing use. Elvie contributes to infringement of the ’228 Patent 

by, inter alia, promotion, and/or sales of the infringing Accused Products and/or other components 

(e.g., breast pump accessories, mobile applications, etc.) to third parties. 

81. Elvie’s infringement of the ’228 Patent has been and continues to be willful. As 

described above, Elvie has had knowledge of the ’228 Patent at least since its issuance on October 

8, 2019. On its website, Willow has provided substantial and continuous notice to infringers such 

as Elvie regarding the Asserted Patents, and Willow has included in such notice an identification 

of Willow products that practice the Asserted Patents. Thus, as one of Willow’s primary 

competitors, Elvie had actual knowledge of the ’228 Patent or was willfully blind to its existence. 

In the alternative, Elvie’s infringement has been willful at least since the filing date of this lawsuit 

because it has deliberately continued to infringe the ’228 Patent despite knowing of the patent and 

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how Elvie infringes. Further, Willow has deliberately continued to encourage others’ infringement 

of the ’228 Patent, including by continuing to disseminate its marketing and technical materials to 

customers. 

82. Elvie’s acts of infringement have injured and damaged Willow and will continue 

to injure and damage Willow. Willow is therefore entitled to recover from Elvie the damages it 

has sustained as a result of Elvie’s wrongful and continued acts in an amount to be proven at trial. 

83. Elvie’s infringement has damaged and will continue to damage Willow irreparably, 

and Willow has no adequate remedy at law for its injuries. In addition to actual damages, Willow 

is entitled to a permanent injunction enjoining Elvie from infringing the ’228 Patent. 

COUNT III: INFRINGEMENT OF U.S. PATENT NO. 10,625,005 

84. Willow incorporates by reference the proceeding paragraphs as if fully set forth 

herein. 

85. Elvie has directly infringed, and continues to directly infringe, the ’005 Patent in 

violation of 35 U.S.C. § 271(a) by making, using, selling, offering for sale in the United States, 

and/or importing into the United States, without authorization, the Accused Products that practice 

various claims of the ’005 Patent literally or under the doctrine of equivalents. 

86. Willow has complied with all statutory requirements, including the requirements of 

35 U.S.C. § 287, to pursue and recover for any infringement of the ’005 Patent. 

87. As a non-limiting example, the Accused Products meet every element of at least 

Claim 1 of the ’005 Patent literally or under the doctrine of equivalents. Claim 1 recites: 

[preamble] An automated system for controlling pumping cycles to pump milk 

from a human breast, the system comprising: 

[1a] a breast pump configured to fit within a bra, the breast pump including: 

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[1b] a chassis; 

[1c] an outer shell attached to the chassis; 

[1d] a pump mechanism attached to the chassis between the outer shell and chassis; 

[1e] a battery contained between the outer shell and chassis; 

[1f] a circuit board contained between the outer shell and chassis; 

[1g] a sensor electrically connected to the circuit board; 

[1h] a removeable breast contacting structure configured to contact and form a seal 

with the breast, the breast contacting structure including a nipple receiving portion 

below the pump mechanism; and 

[1i] a milk collection container; 

[1j] wherein when the removable breast contacting structure is removed, the pump 

mechanism, battery and circuit board are positioned between the outer shell and the 

chassis; 

[1k] wherein the pump mechanism comprises two drivers that displace a flexible 

member to generate vacuum pressure in the nipple receiving portion; 

[1l] wherein the system further comprises a wireless transmitter transmitting a 

Bluetooth Low Energy signal containing milk volume collected data; 

[1m] wherein the system further comprises a chip tracking usage sessions of the 

breast pump; 

[1n] wherein the system further comprises a language protocol for two-way 

communication between the breast pump and an external device; 

[1o] wherein the system further comprises a remote user interface including user 

control functionality; 

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[1p] wherein the system further comprises an internal pump memory within a chip 

and the wireless transmitter transits pumped milk volume to the external device 

which displays the pumped milk volume of each breast; 

[1q] wherein the remote user interface has an input for the human to adjust the 

breast pump with the external device. 

88. Exhibit 13 to this Complaint is a claim chart showing a non-limiting example of 

how Elvie’s breast pumps and applications satisfy Claim 1 literally or under the doctrine of 

equivalents. The components and functionality in this chart are representative of the components 

and functionality present in all Accused Products. Elvie thus directly infringed and continues to 

directly infringe each limitation of at least Claim 1 of the ’005 Patent by making, using, selling, 

offering for sale in the United States, and/or importing into the United States, without 

authorization, the Accused Products. 

89. On information and belief, Elvie has known about the ’005 Patent since at least its 

issuance on April 21, 2020. Elvie’s knowledge is due to at least (1) its presence in the breast pump 

market and status as Willow’s competitor; (2) its monitoring of competitors’ patent applications 

and issued patents; (3) its claim that its Elvie Pump is substantially equivalent to the Willow Pump 

during FDA pre-market proceedings; and (4) Willow’s substantial and continuous practice of 

providing constructive notice of its patents on its website. On information and belief, competitors 

such as Elvie generally monitor the patent applications, issued patents, and litigation activity of 

one another. 

90. For example, the ’005 Patent was cited during the prosecution of Elvie’s patent 

applications. See Exs. 10, 11 (U.S. Patent Nos. 11,413,380 and D954,933, assigned to Elvie, citing 

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the ’005 Patent). Accordingly, Elvie had pre-suit knowledge of the ’005 Patent at least through its 

prosecution activities. 

91. In the alternative, at least as of the filing date of this lawsuit, Elvie has had 

knowledge of the ’005 Patent and knowledge of how Elvie and third parties infringe that patent. 

92. Elvie’s knowledge of the ’005 Patent is sufficient to satisfy the knowledge element 

for induced, contributory, and willful infringement. 

93. Elvie indirectly infringes at least Claim 1 of the ’005 Patent in violation of 35 

U.S.C. § 271(b) by taking active steps to encourage and facilitate direct infringement by third 

parties, including users, partners, affiliates, subsidiaries, and service providers, in the United States 

with knowledge and the specific intent that its efforts would result in the direct infringement of the 

’005 Patent. For example, Elvie actively induces infringement of the ’005 Patent by designing, 

manufacturing, selling, or distributing the Accused Products and then training its customers and 

users on the use of those products and the accompanying mobile applications, including through 

the creation and dissemination of supporting materials, videos, instructions, product manuals, and 

technical information. https://www.elvie.com/en-us/support/elvie-pump/using-elvie-pumpapp/can-i-use-elvie-pump-without-the-app. In addition, Elvie actively induces infringement of the 

’005 Patent by instructing, encouraging, or requiring its subsidiaries and affiliates to make, use, 

sell, offer for sale in the United States, and import into the United States, without authorization, 

the Accused Products that practice various claims of the ’005 Patent, such as the Elvie Pump that 

is used in combination with the corresponding mobile applications. Further, Elvie actively induces 

infringement of the ’005 Patent through the creation and dissemination of promotional and 

marketing materials. https://www.youtube.com/watch?v=EXumEnA5qAw&t=95s. Elvie’s 

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active inducement is done with the knowledge and the specific intent that its efforts would result 

in the direct infringement of the ’005 Patent. 

94. Elvie also is liable for contributory infringement of the ’005 Patent under 35 U.S.C 

§ 271(c) by selling or offering for sale the Accused Products and/or other components (e.g., breast 

pump accessories, mobile applications, etc.) in the United States and importing the Accused 

Products and/or other components (e.g., breast pump accessories, mobile applications, etc.) into 

the United States with knowledge that they are especially designed or adapted to operate in a 

manner that infringes the ’005 Patent and are not a staple article or commodity of commerce 

suitable for substantial non-infringing use. Elvie contributes to infringement of the ’005 Patent 

by, inter alia, promotion, and/or sales of the infringing Accused Products and/or other components 

(e.g., breast pump accessories, mobile applications, etc.) to third parties. 

95. Elvie’s infringement of the ’005 Patent has been and continues to be willful. As 

described above, Elvie has had knowledge of the ’005 Patent at least since its issuance on April 

21, 2020. On its website, Willow has provided substantial and continuous notice to infringers such 

as Elvie regarding the Asserted Patents, and Willow has included in such notice an identification 

of Willow products that practice the Asserted Patents. Thus, as one of Willow’s primary 

competitors, Elvie had actual knowledge of the ’005 Patent or was willfully blind to its existence. 

In the alternative, Elvie’s infringement has been willful at least since the filing date of this lawsuit 

because it has deliberately continued to infringe the ’005 Patent despite knowing of the patent and 

how Elvie infringes. Further, Willow has deliberately continued to encourage others’ infringement 

of the ’005 Patent, including by continuing to disseminate its marketing and technical materials to 

customers. 

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96. Elvie’s acts of infringement have injured and damaged Willow and will continue 

to injure and damage Willow. Willow is therefore entitled to recover from Elvie the damages it 

has sustained as a result of Elvie’s wrongful and continued acts in an amount to be proven at trial. 

97. Elvie’s infringement has damaged and will continue to damage Willow irreparably, 

and Willow has no adequate remedy at law for its injuries. In addition to actual damages, Willow 

is entitled to a permanent injunction enjoining Elvie from infringing the ’005 Patent. 

COUNT IV: INFRINGEMENT OF U.S. PATENT NO. 10,722,624 

98. Willow incorporates by reference the proceeding paragraphs as if fully set forth 

herein. 

99. Elvie has directly infringed, and continues to directly infringe, the ’624 Patent in 

violation of 35 U.S.C. § 271(a) by making, using, selling, offering for sale in the United States, 

and/or importing into the United States, without authorization, the Accused Products that practice 

various claims of the ’624 Patent literally or under the doctrine of equivalents. 

100. Willow has complied with all statutory requirements, including the requirements of 

35 U.S.C. § 287, to pursue and recover for any infringement of the ’624 Patent. 

101. As a non-limiting example, the Accused Products meet every element of at least 

Claim 1 of the ’624 Patent literally or under the doctrine of equivalents. Claim 1 recites: 

[preamble] An automated system for controlling pumping cycles to pump milk 

from a human breast, the system comprising: 

[1a] a breast pump shaped to fit within a bra, the breast pump including: 

[1b] a housing sized to fit within the bra; 

[1c] a breast adapter configured to contact and form a seal with the breast, the breast 

adapter being attached to the housing and including a nipple receiving cavity; 

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[1d] a pumping mechanism contained within the housing, the pumping mechanism 

including a pumping, region above the nipple receiving cavity; 

[1e] a wireless transmitter; 

[1f] a milk collection container configured to contact the bra; 

[1g] a sensor which detects when the milk collection container is full; 

[1h] an indicator light: and 

[1i] a controller contained within the housing that automatically changes 

application of suction on the human breast through the nipple receiving cavity by 

the pumping mechanism from a letdown phase to an expression mode, wherein the 

controller automatically changes application of the suction from the letdown phase 

to the expression mode upon sensing a letdown. 

102. Exhibit 14 to this Complaint is a claim chart showing a non-limiting example of 

how Elvie’s breast pumps and applications satisfy Claim 1 literally or under the doctrine of 

equivalents. The components and functionality in this chart are representative of the components 

and functionality present in all Accused Products. Elvie thus directly infringed and continues to 

directly infringe each limitation of at least Claim 1 of the ’624 Patent by making, using, selling, 

offering for sale in the United States, and/or importing into the United States, without 

authorization, the Accused Products. 

103. On information and belief, Elvie has known about the ’624 Patent since at least its 

issuance on July 28, 2020. Elvie’s knowledge is due to at least (1) its presence in the breast pump 

market and status as Willow’s competitor; (2) its monitoring of competitors’ patent applications 

and issued patents; (3) its claim that its Elvie Pump is substantially equivalent to the Willow Pump 

during FDA pre-market proceedings; and (4) Willow’s substantial and continuous practice of 

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providing constructive notice of its patents on its website. On information and belief, competitors 

such as Elvie generally monitor the patent applications, issued patents, and litigation activity of 

one another. 

104. For example, the ’624 Patent was cited during the prosecution of one or more of 

Elvie’s patent applications. See Ex. 10 (U.S. Patent No. 11,413,380, assigned to Elvie, citing U.S. 

Pat. App. Pub. No. 2016/0310650—the parent application of the ’624 Patent). Accordingly, Elvie 

had pre-suit knowledge of the ’624 Patent at least through its prosecution activities. 

105. In the alternative, at least as of the filing date of this lawsuit, Elvie has had 

knowledge of the ’624 Patent and knowledge of how Elvie and third parties infringe that patent. 

106. Elvie’s knowledge of the ’624 Patent is sufficient to satisfy the knowledge element 

for induced, contributory, and willful infringement. 

107. Elvie indirectly infringes at least Claim 1 of the ’624 Patent in violation of 35 

U.S.C. § 271(b) by taking active steps to encourage and facilitate direct infringement by third 

parties, including users, partners, affiliates, subsidiaries, and service providers, in the United 

States with knowledge and the specific intent that its efforts would result in the direct 

infringement of the ’624 Patent. For example, Elvie actively induces infringement of the ’624 

Patent by designing, manufacturing, selling, or distributing the Accused Products and then 

training its customers and users on the use of those products and the accompanying mobile 

applications, including through the creation and dissemination of supporting materials, videos, 

instructions, product manuals, and technical information. See, e.g., https://www.elvie.com/enus/support/elvie-pump/using-elvie-pump-app/can-i-use-elvie-pump-without-the-app. In 

addition, Elvie actively induces infringement of the ’624 Patent by instructing, encouraging, or 

requiring its subsidiaries and affiliates to make, use, sell, offer for sale in the United States, and 

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import into the United States, without authorization, the Accused Products that practice various 

claims of the ’624 Patent, such as the Elvie Pump that is used in combination with the 

corresponding mobile applications. Further, Elvie actively induces infringement of the ’624 

Patent through the creation and dissemination of promotional and marketing materials. 

https://www.youtube.com/watch?v=EXumEnA5qAw&t=95s. Elvie’s active inducement is done 

with the knowledge and the specific intent that its efforts would result in the direct infringement 

of the ’624 Patent. 

108. Elvie also is liable for contributory infringement of the ’624 Patent under 35 U.S.C 

§ 271(c) by selling or offering for sale the Accused Products and/or other components (e.g., breast 

pump accessories, mobile applications, etc.) in the United States and importing the Accused 

Products and/or other components (e.g., breast pump accessories, mobile applications, etc.) into 

the United States with knowledge that they are especially designed or adapted to operate in a 

manner that infringes the ’624 Patent and are not a staple article or commodity of commerce 

suitable for substantial non-infringing use. Elvie contributes to infringement of the ’624 Patent 

by, inter alia, promotion, and/or sales of the infringing Accused Products and/or other components 

(e.g., breast pump accessories, mobile applications, etc.) to third parties. 

109. Elvie’s infringement of the ’624 Patent has been and continues to be willful. As 

described above, Elvie has had knowledge of the ’624 Patent at least since its issuance on July 28, 

2020. On its website, Willow has provided substantial and continuous notice to infringers such as 

Elvie regarding the Asserted Patents, and Willow has included in such notice an identification of 

Willow products that practice the Asserted Patents. Thus, as one of Willow’s primary competitors, 

Elvie had actual knowledge of the ’624 Patent or was willfully blind to its existence. In the 

alternative, Elvie’s infringement has been willful at least since the filing date of this lawsuit 

Case 2:23-cv-00229-JRG Document 1 Filed 05/24/23 Page 38 of 55 PageID #: 38
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because it has deliberately continued to infringe the ’624 Patent despite knowing of the patent and 

how Elvie infringes. Further, Willow has deliberately continued to encourage others’ infringement 

of the ’624 Patent, including by continuing to disseminate its marketing and technical materials to 

customers. 

110. Elvie’s acts of infringement have injured and damaged Willow and will continue 

to injure and damage Willow. Willow is therefore entitled to recover from Elvie the damages it 

has sustained as a result of Elvie’s wrongful and continued acts in an amount to be proven at trial. 

111. Elvie’s infringement has damaged and will continue to damage Willow irreparably, 

and Willow has no adequate remedy at law for its injuries. In addition to actual damages, Willow 

is entitled to a permanent injunction enjoining Elvie from infringing the ’624 Patent. 

COUNT V: INFRINGEMENT OF U.S. PATENT NO. 11,185,619 

112. Willow incorporates by reference the proceeding paragraphs as if fully set forth 

herein. 

113. Elvie has directly infringed, and continues to directly infringe, the ’619 Patent in 

violation of 35 U.S.C. § 271(a) by making, using, selling, offering for sale in the United States, 

and/or importing into the United States, without authorization, the Accused Products that practice 

various claims of the ’619 Patent literally or under the doctrine of equivalents. 

114. Willow has complied with all statutory requirements, including the requirements of 

35 U.S.C. § 287, to pursue and recover for any infringement of the ’619 Patent. 

115. As a non-limiting example, the Accused Products meet every element of at least 

Claim 1 of the ’619 Patent literally or under the doctrine of equivalents. Claim 1 recites: 

[preamble] An automated system for controlling pumping cycles to pump milk 

from a human breast, the automated system comprising: 

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[1a] a breast pump shaped to fit within a bra, the breast pump including: 

[1b] a housing; 

[1c] a vacuum pumping mechanism contained within the housing and configured 

to pump the milk from the human breast; 

[1d] a wireless transmitter; 

[1e] a skin contact member configured to contact and form a seal with the breast, 

the skin contact member attached to the housing and including a nipple receiving 

portion; 

[1f] a milk collection container having a rigid exterior surface configured to contact 

the bra; and 

[1g] a non-contact pressure sensor that measures vacuum levels within the 

automated system, the non-contact pressure sensor adjacent the nipple receiving 

portion. 

116. Exhibit 15 to this Complaint is a claim chart showing a non-limiting example of 

how Elvie’s breast pumps and applications satisfy Claim 1 literally or under the doctrine of 

equivalents. The components and functionality in this chart are representative of the components 

and functionality present in all Accused Products. Elvie thus directly infringed and continues to 

directly infringe each limitation of at least Claim 1 of the ’619 Patent by making, using, selling, 

offering for sale in the United States, and/or importing into the United States, without 

authorization, the Accused Products. 

117. On information and belief, Elvie has known about the ’619 Patent since at least its 

issuance on November 30, 2021. Elvie’s knowledge is due to at least (1) its presence in the breast 

pump market and status as Willow’s competitor; (2) its monitoring of competitors’ patent 

Case 2:23-cv-00229-JRG Document 1 Filed 05/24/23 Page 40 of 55 PageID #: 40
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applications and issued patents; (3) its claim that its Elvie Pump is substantially equivalent to the 

Willow Pump during FDA pre-market proceedings; and (4) Willow’s substantial and continuous 

practice of providing constructive notice of its patents on its website. On information and belief, 

competitors such as Elvie generally monitor the patent applications, issued patents, and litigation 

activity of one another. 

118. For example, the ’619 Patent was cited during the prosecution of one or more of 

Elvie’s patent applications. See Ex. 10 (U.S. Patent No. 11,413,380, assigned to Elvie, citing U.S. 

Pat. App. Pub. No. 2018/0021490—the parent application to the ’619 Patent). Accordingly, Elvie 

had pre-suit knowledge of the ’619 Patent at least through its prosecution activities. 

119. In the alternative, at least as of the filing date of this lawsuit, Elvie has had 

knowledge of the ’619 Patent and knowledge of how Elvie and third parties infringe that patent. 

120. Elvie’s knowledge of the ’619 Patent is sufficient to satisfy the knowledge element 

for induced, contributory, and willful infringement. 

121. Elvie indirectly infringes at least Claim 1 of the ’619 Patent in violation of 35 

U.S.C. § 271(b) by taking active steps to encourage and facilitate direct infringement by third 

parties, including users, partners, affiliates, subsidiaries, and service providers, in the United States 

with knowledge and the specific intent that its efforts would result in the direct infringement of the 

’619 Patent. For example, Elvie actively induces infringement of the ’619 Patent by designing, 

manufacturing, selling, or distributing the Accused Products and then training its customers and 

users on the use of those products and the accompanying mobile applications, including through 

the creation and dissemination of supporting materials, videos, instructions, product manuals, and 

technical information. https://www.elvie.com/en-us/support/elvie-pump/using-elvie-pumpapp/can-i-use-elvie-pump-without-the-app. In addition, Elvie actively induces infringement of the 

Case 2:23-cv-00229-JRG Document 1 Filed 05/24/23 Page 41 of 55 PageID #: 41
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’619 Patent by instructing, encouraging, or requiring its subsidiaries and affiliates to make, use, 

sell, offer for sale in the United States, and import into the United States, without authorization, 

the Accused Products that practice various claims of the ’619 Patent, such as the Elvie Pump that 

is used in combination with the corresponding mobile applications. Further, Elvie actively induces 

infringement of the ’619 Patent through the creation and dissemination of promotional and 

marketing materials. https://www.youtube.com/watch?v=EXumEnA5qAw&t=95s. Elvie’s 

active inducement is done with the knowledge and the specific intent that its efforts would result 

in the direct infringement of the ’619 Patent. 

122. Elvie also is liable for contributory infringement of the ’619 Patent under 35 U.S.C 

§ 271(c) by selling or offering for sale the Accused Products and/or other components (e.g., breast 

pump accessories, mobile applications, etc.) in the United States and importing the Accused 

Products and/or other components (e.g., breast pump accessories, mobile applications, etc.) into 

the United States with knowledge that they are especially designed or adapted to operate in a 

manner that infringes the ’619 Patent and are not a staple article or commodity of commerce 

suitable for substantial non-infringing use. Elvie contributes to infringement of the ’619 Patent 

by, inter alia, promotion, and/or sales of the infringing Accused Products and/or other components 

(e.g., breast pump accessories, mobile applications, etc.) to third parties. 

123. Elvie’s infringement of the ’619 Patent has been and continues to be willful. As 

described above, Elvie has had knowledge of the ’619 Patent at least since its issuance on 

November 30, 2021. On its website, Willow has provided substantial and continuous notice to 

infringers such as Elvie regarding the Asserted Patents, and Willow has included in such notice an 

identification of Willow products that practice the Asserted Patents. Thus, as one of Willow’s 

primary competitors, Elvie had actual knowledge of the ’619 Patent or was willfully blind to its 

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existence. In the alternative, Elvie’s infringement has been willful at least since the filing date of 

this lawsuit because it has deliberately continued to infringe the ’619 Patent despite knowing of 

the patent and how Elvie infringes. Further, Willow has deliberately continued to encourage 

others’ infringement of the ’619 Patent, including by continuing to disseminate its marketing and 

technical materials to customers. 

124. Elvie’s acts of infringement have injured and damaged Willow and will continue 

to injure and damage Willow. Willow is therefore entitled to recover from Elvie the damages it 

has sustained as a result of Elvie’s wrongful and continued acts in an amount to be proven at trial. 

125. Elvie’s infringement has damaged and will continue to damage Willow irreparably, 

and Willow has no adequate remedy at law for its injuries. In addition to actual damages, Willow 

is entitled to a permanent injunction enjoining Elvie from infringing the ’619 Patent. 

COUNT VI: INFRINGEMENT OF U.S. DESIGN PATENT NO. D832,995 

126. Willow incorporates by reference the proceeding paragraphs as if fully set forth 

herein. 

127. Elvie has directly infringed, and continues to directly infringe, the ’D995 Patent in 

violation of 35 U.S.C. § 271(a) by making, using, selling, offering for sale in the United States, 

and/or importing into the United States, without authorization, the Accused Products that practice 

various claims of the ’D995 Patent literally or under the doctrine of equivalents. 

128. Willow has complied with all statutory requirements, including the requirements of 

35 U.S.C. § 287, to pursue and recover for any infringement of the ’D995 Patent. 

129. The ’D995 Patent claims the design as shown in the drawings contained therein. 

Each of the Accused Products is the same, or is substantially identical to, the design claimed in the 

‘D995 Patent as shown in the drawings contained therein. The following comparison of drawings 

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contained in the ’D995 Patent to the Accused Products shows that each of the Accused Products 

is the same, or is substantially identical to, the design claimed in the ‘D995 Patent. 

U.S. Patent No. D832,995 Elvie Pump 

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130. Comparing the drawings in the ’D995 patent with the Accused Products as shown 

above, an ordinary observer, with an understanding of the relevant prior art in breast pumps, would 

be deceived into believing that each of the Accused Products is the same as the patented design of 

the ’D995 patent. Each of the Accused Products is identical to, or substantially the same as, the 

patented design of the ’D995 Patent. 

131. On information and belief, Elvie has known about the ’D995 Patent since at least 

its issuance on November 6, 2018. Elvie’s knowledge is due to at least (1) its presence in the 

breast pump market and status as Willow’s competitor; (2) its monitoring of competitors’ patent 

applications and issued patents; (3) its claim that its Elvie Pump is substantially equivalent to the 

Willow Pump during FDA pre-market proceedings; and (4) Willow’s substantial and continuous 

practice of providing constructive notice of its patents on its website. On information and belief, 

competitors such as Elvie generally monitor the patent applications, issued patents, and litigation 

activity of one another. 

132. For example, the ’D995 Patent was cited during the prosecution of Elvie’s patent 

applications. See Exs. 10, 11 (U.S. Patent Nos. 11,413,380 and D954,933, assigned to Elvie, citing 

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the ’D995 Patent). Accordingly, Elvie had pre-suit knowledge of the ’D995 Patent at least through 

its prosecution activities. 

133. In the alternative, at least as of the filing date of this lawsuit, Elvie has had 

knowledge of the ’995 Patent and knowledge of how Elvie and third parties infringe that patent. 

134. Elvie’s knowledge of the ’D995 Patent is sufficient to satisfy the knowledge 

element for induced, contributory, and willful infringement. 

135. Elvie indirectly infringes at least Claim 1 of the ’D995 Patent in violation of 35 

U.S.C. § 271(b) by taking active steps to encourage and facilitate direct infringement by third 

parties, including users, partners, affiliates, subsidiaries, and service providers, in the United States 

with knowledge and the specific intent that its efforts would result in the direct infringement of the 

’D995 Patent. For example, Elvie actively induces infringement of the ’D995 Patent by designing, 

manufacturing, selling, or distributing the Accused Products and then training its customers and 

users on the use of those products and the accompanying mobile applications, including through 

the creation and dissemination of supporting materials, videos, instructions, product manuals, and 

technical information. https://www.elvie.com/en-us/support/elvie-pump/using-elvie-pumpapp/can-i-use-elvie-pump-without-the-app. In addition, Elvie actively induces infringement of the 

’D995 Patent by instructing, encouraging, or requiring its subsidiaries and affiliates to make, use, 

sell, offer for sale in the United States, and import into the United States, without authorization, 

the Accused Products that practice various claims of the ’D995 Patent, such as the Elvie Pump that 

is used in combination with the corresponding mobile applications. Further, Elvie actively induces 

infringement of the ’D995 Patent through the creation and dissemination of promotional and 

marketing materials. https://www.youtube.com/watch?v=EXumEnA5qAw&t=95s. Elvie’s 

Case 2:23-cv-00229-JRG Document 1 Filed 05/24/23 Page 46 of 55 PageID #: 46
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active inducement is done with the knowledge and the specific intent that its efforts would result 

in the direct infringement of the ’D995 Patent. 

136. Elvie also is liable for contributory infringement of the ’D995 Patent under 35 

U.S.C § 271(c) by selling or offering for sale the Accused Products and/or other components (e.g., 

breast pump accessories, mobile applications, etc.) in the United States and importing the Accused 

Products and/or other components (e.g., breast pump accessories, mobile applications, etc.) into 

the United States with knowledge that they are especially designed or adapted to operate in a 

manner that infringes the ’D995 Patent and are not a staple article or commodity of commerce 

suitable for substantial non-infringing use. Elvie contributes to infringement of the ’D995 Patent 

by, inter alia, promotion, and/or sales of the infringing Accused Products and/or other components 

(e.g., breast pump accessories, mobile applications, etc.) to third parties. 

137. Elvie’s infringement of the ’D995 Patent has been and continues to be willful. As 

described above, Elvie has had knowledge of the ’D995 Patent at least since its issuance on 

November 6, 2018. On its website, Willow has provided substantial and continuous notice to 

infringers such as Elvie regarding the Asserted Patents, and Willow has included in such notice an 

identification of Willow products that practice the Asserted Patents. Thus, as one of Willow’s 

primary competitors, Elvie had actual knowledge of the ’D995 Patent or was willfully blind to its 

existence. In the alternative, Elvie’s infringement has been willful at least since the filing date of 

this lawsuit because it has deliberately continued to infringe the ’D995 Patent despite knowing of 

the patent and how Elvie infringes. Further, Willow has deliberately continued to encourage 

others’ infringement of the ’D995 Patent, including by continuing to disseminate its marketing and 

technical materials to customers. 

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138. Elvie’s acts of infringement have injured and damaged Willow and will continue 

to injure and damage Willow. Willow is therefore entitled to recover from Elvie the damages it 

has sustained as a result of Elvie’s wrongful and continued acts in an amount to be proven at trial. 

139. Elvie’s infringement has damaged and will continue to damage Willow irreparably, 

and Willow has no adequate remedy at law for its injuries. In addition to actual damages, Willow 

is entitled to a permanent injunction enjoining Elvie from infringing the ’D995 Patent. 

COUNT VII: INFRINGEMENT OF U.S. DESIGN PATENT NO. D977,625 

140. Willow incorporates by reference the proceeding paragraphs as if fully set forth 

herein. 

141. Elvie has directly infringed, and continues to directly infringe, the ’D625 Patent in 

violation of 35 U.S.C. § 271(a) by making, using, selling, offering for sale in the United States, 

and/or importing into the United States, without authorization, the Accused Products that practice 

various claims of the ’D625 Patent literally or under the doctrine of equivalents. 

142. Willow has complied with all statutory requirements, including the requirements of 

35 U.S.C. § 287, to pursue and recover for any infringement of the ’D625 Patent. 

143. The ’D625 Patent claims the design as shown in the drawings contained therein. 

Each of the Accused Products is the same, or is substantially identical to, the design claimed in the 

’D625 Patent as shown in the drawings contained therein. The following comparison of drawings 

contained in the ’D625 Patent to the Accused Products shows that each of the Accused Products 

is the same, or is substantially identical to, the design claimed in the ’D625 Patent. 

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U.S. Patent No. D977,625 Elvie Pump 

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144. Comparing the drawings in the ’D625 patent with the Accused Products as shown 

above, an ordinary observer, with an understanding of the relevant prior art in breast pumps, would 

be deceived into believing that each of the Accused Products is the same as the patented design of 

Case 2:23-cv-00229-JRG Document 1 Filed 05/24/23 Page 50 of 55 PageID #: 50
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the ’D995 patent. Each of the Accused Products is identical to, or substantially the same as, the 

patented design of the ’D625 Patent. 

145. On information and belief, Elvie has known about the ’D625 Patent since at least 

its issuance on February 7, 2023. Elvie’s knowledge is due to at least (1) its presence in the breast 

pump market and status as Willow’s competitor; (2) its monitoring of competitors’ patent 

applications and issued patents; (3) its claim that its Elvie Pump is substantially equivalent to the 

Willow Pump during FDA pre-market proceedings; and (4) Willow’s substantial and continuous 

practice of providing constructive notice of its patents on its website. On information and belief, 

competitors such as Elvie generally monitor the patent applications, issued patents, and litigation 

activity of one another. 

146. For example, the ’D625 Patent was cited during the prosecution of Elvie’s patent 

applications. See Exs. 10, 11 (U.S. Patent Nos. 11,413,380 and D954,933, assigned to Elvie, citing 

U.S. Design Patent No. D832,995—the parent patent to the ’D625 Patent). Accordingly, Elvie 

had pre-suit knowledge of the ’624 Patent at least through its prosecution activities. 

147. In the alternative, at least as of the filing date of this lawsuit, Elvie has had 

knowledge of the ’D625 Patent and knowledge of how Elvie and third parties infringe that patent. 

148. Elvie’s knowledge of the ’D625 Patent is sufficient to satisfy the knowledge 

element for induced, contributory, and willful infringement. 

149. Elvie indirectly infringes at least Claim 1 of the ’D625 Patent in violation of 35 

U.S.C. § 271(b) by taking active steps to encourage and facilitate direct infringement by third 

parties, including users, partners, affiliates, subsidiaries, and service providers, in the United States 

with knowledge and the specific intent that its efforts would result in the direct infringement of the 

’625 Patent. For example, Elvie actively induces infringement of the ’D625 Patent by designing, 

Case 2:23-cv-00229-JRG Document 1 Filed 05/24/23 Page 51 of 55 PageID #: 51
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manufacturing, selling, or distributing the Accused Products and then training its customers and 

users on the use of those products and the accompanying mobile applications, including through 

the creation and dissemination of supporting materials, videos, instructions, product manuals, and 

technical information. https://www.elvie.com/en-us/support/elvie-pump/using-elvie-pumpapp/can-i-use-elvie-pump-without-the-app. In addition, Elvie actively induces infringement of the 

’D625 Patent by instructing, encouraging, or requiring its subsidiaries and affiliates to make, use, 

sell, offer for sale in the United States, and import into the United States, without authorization, 

the Accused Products that practice various claims of the ’D625 Patent, such as the Elvie Pump that 

is used in combination with the corresponding mobile applications. Further, Elvie actively induces 

infringement of the ’D625 Patent through the creation and dissemination of promotional and 

marketing materials. https://www.youtube.com/watch?v=EXumEnA5qAw&t=95s. Elvie’s 

active inducement is done with the knowledge and the specific intent that its efforts would result 

in the direct infringement of the ’D625 Patent. 

150. Elvie also is liable for contributory infringement of the ’D625 Patent under 35 

U.S.C § 271(c) by selling or offering for sale the Accused Products and/or other components (e.g., 

breast pump accessories, mobile applications, etc.) in the United States and importing the Accused 

Products and/or other components (e.g., breast pump accessories, mobile applications, etc.) into 

the United States with knowledge that they are especially designed or adapted to operate in a 

manner that infringes the ’D625 Patent and are not a staple article or commodity of commerce 

suitable for substantial non-infringing use. Elvie contributes to infringement of the ’D625 Patent 

by, inter alia, promotion, and/or sales of the infringing Accused Products and/or other components 

(e.g., breast pump accessories, mobile applications, etc.) to third parties. 

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151. Elvie’s infringement of the ’D625 Patent has been and continues to be willful. As 

described above, Elvie has had knowledge of the ’D625 Patent at least since its issuance on April 

21, 2020. On its website, Willow has provided substantial and continuous notice to infringers such 

as Elvie regarding the Asserted Patents, and Willow has included in such notice an identification 

of Willow products that practice the Asserted Patents. Thus, as one of Willow’s primary 

competitors, Elvie had actual knowledge of the ’D625 Patent or was willfully blind to its existence. 

In the alternative, Elvie’s infringement has been willful at least since the filing date of this lawsuit 

because it has deliberately continued to infringe the ’D625 Patent despite knowing of the patent 

and how Elvie infringes. Further, Willow has deliberately continued to encourage others’ 

infringement of the ’D625 Patent, including by continuing to disseminate its marketing and 

technical materials to customers. 

152. Elvie’s acts of infringement have injured and damaged Willow and will continue 

to injure and damage Willow. Willow is therefore entitled to recover from Elvie the damages it 

has sustained as a result of Elvie’s wrongful and continued acts in an amount to be proven at trial. 

153. Elvie’s infringement has damaged and will continue to damage Willow irreparably, 

and Willow has no adequate remedy at law for its injuries. In addition to actual damages, Willow 

is entitled to a permanent injunction enjoining Elvie from infringing the ’D625 Patent. 

JURY DEMAND 

154. Willow hereby demands a trial by jury on all issues. 

PRAYER FOR RELIEF 

Willow respectfully requests entry of judgment in its favor against Elvie as follows: 

a) Elvie has infringed, and continues to infringe, each of the Asserted Patents; 

b) An award of damages to Willow for such infringement, including enhanced 

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damages under 35 U.S.C. § 284 and prejudgment and post-judgment interest, without 

any limitation by 35 U.S.C § 287. 

c) An injunction against Elvie’s infringement of the Asserted Patents; 

d) An order requiring Elvie to pay on-going royalties; 

e) An order finding that this is an exceptional case under 35 U.S.C. § 285 and an award 

to Willow of its attorneys’ fees and costs in this action; and 

f) A judgment awarding all other costs and relief that the Court deems just and proper. 

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Dated: May 24, 2023 

/s/ Timothy S. Durst 

O’MELVENY & MYERS LLP 

Timothy S. Durst (TX #00786924) 

tdurst@omm.com 

Cason Garrett Cole (TX #24109741) 

ccole@omm.com 

2501 North Harwood Street, Suite 1700 

Dallas, TX 75201 

Telephone: (972) 360-1900 

Facsimile: (972) 360-1901 

Robert F. Shaffer (pro hac vice forthcoming) 

rshaffer@omm.com 

Jason Fountain (pro hac vice forthcoming) 

jfountain@omm.com 

1625 Eye St., NW 

Washington, DC 20006 

Telephone: (202) 383-5300 

Facsimile: (202) 383-5414 

Carolyn S. Wall (pro hac vice forthcoming) 

cwall@omm.com 

Times Square Tower 

7 Times Square 

New York, New York 10036 

Telephone: (212) 326-2000 

Facsimile: (212) 326-2061 

Laura Burson (TX #24091995) 

lburson@omm.com 

400 South Hope St 

Los Angeles, CA 90071 

Telephone: (213) 430-6000 

Facsimile: (213) 430-6407 

Attorneys for Plaintiff 

WILLOW INNOVATIONS, INC. 

Case 2:23-cv-00229-JRG Document 1 Filed 05/24/23 Page 55 of 55 PageID #: 55