Case 1:19-cv-01741-UNA Document 1 Filed 09/17/19 Page 1 of 8 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE

KONINKLIJKE PHILIPS N.V., )

)
Plaintiff, )
)
v. ) C.A. No.:
)
QVC, INC., ) DEMAND FOR JURY TRIAL
)
Defendant. )

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Koninklijke Philips N.V. (“Philips”) hereby asserts the following claim for

patent infringement against Defendant QVC, Inc., and states as follows:

NATURE OF ACTION

1. This is an action for patent infringement arising under the patent laws of the United

States, Title 35, United States Code, based upon QVC, Inc.’s (“QVC”) infringing Philips’s

intellectual property, including Philips’s patented smokeless grill design protected by U.S. Design

Patent No. D758,785 (the “’785 Patent”).

2. QVC offers for sale and sells an infringing smokeless grill in place of the patented

products designed, manufactured and sold by Philips.

3. As a result of QVC’s unlawful infringement, QVC has been wrongfully enriched,

and Philips has been injured through loss of sales and good will and seeks injunctive and monetary

remedies under the federal patent statute, 35 U.S.C. §§ 284, 285 and 289.
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THE PARTIES

4. Plaintiff incorporates the preceding paragraphs herein by reference.

5. Plaintiff Koninklijke Philips N.V. is a corporation duly organized and existing

under the laws of the Netherlands. Its principal place of business is High Tech Campus 5, 5656

AE Eindhoven, the Netherlands.

6. On information and belief, Defendant QVC is a Delaware corporation, having a

principal place of business in West Chester, Pennsylvania. QVC may be served with process in

this action by and through its registered agent, Corporation Service Company, 2711 Centerville

Rd., Ste. 400, Wilmington, DE 19808.

7. QVC does business on its website https://www.qvc.com/ where it offers for sale a

variety of products, including the accused product of this case, “Cook's Essentials Smoke-less

Indoor Electric Grill.”

JURISDICTION AND VENUE

8. Plaintiff incorporates the preceding paragraphs herein by reference.

9. This is an action for patent infringement brought under the patent laws of the United

States, 35 U.S.C. § 1, et seq. This Court has original subject matter jurisdiction over the claims in

this action pursuant to 28 U.S.C. § 1331 (federal question), and 28 U.S.C. § 1338(a) (patents).

10. This Court has personal jurisdiction over the defendant because it, among other

things: is incorporated under the laws of the State of Delaware and, on information and belief,

has sold products that practice the ‘785 Patent into the stream of commerce with the knowledge,

or reasonable expectation, that actual or potential purchasers and users of such products were

located within this judicial district.

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11. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391, 1400

because QVC is incorporated in and resides in Delaware.

BACKGROUND FACTS

12. Plaintiff incorporates the preceding paragraphs herein by reference.

13. Philips is a world-renowned company that engages in research and development in

numerous technological fields. One of these fields is household products, which includes its

Avance Collection of Indoor Smoke-less Grills. https://www.usa.philips.com/c-m-

ho/cooking/electric-indoor-bbq-grill. Philips sells its patented grill through its website

(www.usa.philips.com), and through numerous retailers, including Amazon, BestBuy, Kohl’s and

others.

14. Philips is the owner, assignee of all rights, title and interest in U.S. Patent No.

D758,785 (the “’785 Patent”) entitled “Smokeless Grill,” which issued by the United States Patent

and Trademark Office June 14, 2016, based on a foreign application priority date of July 4, 2014.

Philips holds the right to sue and recover damages for infringement thereof, including current and

past infringement. A copy of the ’785 Patent is attached as Exhibit A.

15. The ’785 Patent is valid and enforceable, and was duly issued in full compliance

with Title 35 of the United States Code.

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Exhibit B available at https://www.qvc.com/Cooks-Essentials-Smoke-less-Indoor-Electric-

Grill.product.K47104.html.

19. The overall appearance of QVC’s Accused Product is substantially the same as the

design in the ’785 Patent, and/or at least a colorable imitation thereof.

Philips’ ‘785 Design Cook Essential’s Design

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20. The ordinary observer, seeing the Accused Product, would be deceived into

believing that it is the same as Philips’s patented design.

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CAUSE OF ACTION
COUNT I
(Infringement of U.S. Patent No. D758,785)

21. Plaintiff incorporates the preceding paragraphs herein by reference.

22. QVC has infringed, currently infringes, and will continue to infringe, the ’785

Patent unless enjoined by this Court from making, using, offering for sale, importing and/or selling

products infringing Philips’s patented design within the United States. 35 U.S.C. § 271(a).

23. On information and belief, QVC knew of Philips, Philips’ patented commercial

product, the ’785 Patent, or was willfully blind to its existence, and QVC knew or was willfully

blind in consciously ignoring the possibility that its actions would infringe the ’785 Patent.

24. As a direct and proximate result of QVC’s direct and indirect infringement of the

’785 Patent, Philips is suffering damages as well as irreparable injury for which it has no adequate

remedy at law. Philips will continue to suffer such harm unless QVC is enjoined.

25. Philips is entitled to recover damages under 35 USC § 284 and § 289 to adequately

compensate for QVC’s infringement.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests the Court enter judgment against QVC:

1. A judgment that QVC infringes U.S. Patent No. D758,785;

2. Pursuant to 35 U.S.C. § 283, grant a permanent injunction enjoining QVC, its

subsidiaries, affiliates, divisions, officers, agents, servants, employees, directors,

partners, representatives, and all parties in active concert and/or participation with

QVC from directly or indirectly making, having made, selling, offering for sale,

distributing, using, or importing into the United States products that infringe the

’785 Patent;
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3. Pursuant to 35 U.S.C. § 284, direct QVC to account for and pay to Plaintiff all

damages caused by QVC’s infringement of the ’785 Patent, including lost profits

and interest, but in no event less than a reasonable royalty;

4. Pursuant to 35 U.S.C. § 289, award Plaintiff the total extent of QVC’s total profits

derived from sales of the Accused Product;

5. Pursuant to 35 U.S.C. § 285, award Plaintiff its costs and attorneys’ fees incurred

in connection with this action, upon a judgment declaring this an exceptional case;

and,

6. Such other and further relief as the Court deems just and proper.

JURY DEMAND

Plaintiff demands trial by jury pursuant to Fed. R. Civ. P. 38(b).

Heyman Enerio
Gattuso & Hirzel LLP

OF COUNSEL: /s/ Dominick T. Gattuso

Dominick T. Gattuso (#3630)
BURNS & LEVINSON LLP 300 Delaware Ave., Suite 200
Howard J. Susser Wilmington, DE 19801
Joseph M. Maraia T: (302) 472-7311
Christopher S. Schultz dgattuso@hegh.law
Daniel J. McGrath
125 High Street
Boston, MA 02110
T: 617-345-3000
hsusser@burnslev.com
jmaraia@burnslev.com
cschultz@burnslev.com
dmcgrath@burnslev.com
Dated: September 17, 2019
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EXHIBIT A
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EXHIBIT B
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JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

Koninklijke Philips N.V. QVC, Inc.

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Dominick T. Gattuso, Heyman Enerio Gattuso & Hirzel LLP
300 Delaware Ave., Suite 200, Wilmington DE 19801
302-472-7300

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 490 Cable/Sat TV
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 850 Securities/Commodities/
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Exchange
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 890 Other Statutory Actions
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 893 Environmental Matters
Medical Malpractice Leave Act ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS Act
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 899 Administrative Procedure
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
Employment Other: ’ 462 Naturalization Application
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. §§ 284, 285 and 289
VI. CAUSE OF ACTION Brief description of cause:
Patent infringement
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
09/17/2019 /s/ Dominick T. Gattuso
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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