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Case 1:20-Cv-01671-UNA Document 1 Filed 12/09/20 Page 1 of 23 Pageid #: 1 Case 1:20-cv-01671-UNA Document 1 Filed 12/09/20 Page 1 of 23 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE WITRICITY CORPORATION, ) MASSACHUSETTS INSTITUTE OF ) TECHNOLOGY, and AUCKLAND ) C.A. No. ____________ UNISERVICES LIMITED, ) ) JURY TRIAL DEMANDED Plaintiffs, ) ) v. ) ) MOMENTUM DYNAMICS CORPORATION, ) ) Defendant. ) COMPLAINT Plaintiffs WiTricity Corporation (“WiTricity”), Massachusetts Institute of Technology (“MIT”) and Auckland UniServices Limited (“Auckland”) (collectively, “Plaintiffs”) for their Complaint against Defendant Momentum Dynamics Corporation (“Momentum Dynamics”), hereby allege as follows: PARTIES 1. Plaintiff WiTricity is a Delaware corporation having a principal place of business at 57 Water Street, Watertown, MA 02472. 2. Plaintiff MIT is a non-profit private research and educational institution duly incorporated and existing under the laws of the Commonwealth of Massachusetts with a principal place of business at 77 Massachusetts Avenue, Cambridge, MA 02139. 3. Plaintiff Auckland is a New Zealand limited liability company with a principal place of business at Level 10, 49 Symonds Street, Auckland, 1010, New Zealand. 4. Upon information and belief, Defendant Momentum Dynamics is a Delaware corporation having a principal place of business at 3 Pennsylvania Avenue, Malvern, PA 19355. Case 1:20-cv-01671-UNA Document 1 Filed 12/09/20 Page 2 of 23 PageID #: 2 Upon information and belief, Defendant Momentum Dynamics develops wireless charging systems for the automotive and transportation industries in the United States. 5. Upon information and belief, Defendant Momentum Dynamics maintains a website at www.momentumdynamics.com that commercializes the accused technology by offering the technology for sale and development throughout the United States, including this District. NATURE OF THE ACTION 6. This is a civil action for the infringement by Momentum Dynamics of U.S. Patent Nos. 7,741,734 (the “’734 Patent”); 8,304,935 (the “’935 Patent”); 8,710,701 (the “’701 Patent”); 8,884,581 (the “’581 Patent”); 9,184,595 (the “’595 Patent”); 9,306,635 (the “’635 Patent”); and 9,767,955 (the “’955 Patent”) (collectively, the “Patents-in-Suit”). This action is based upon the Patent Laws of the United States, 35 U.S.C. § 1 et seq., and arises from Momentum Dynamics’ installations or proposed installations of wireless charging systems. JURISDICTION AND VENUE 7. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§ 1331 and 1338(a). 8. This Court has personal jurisdiction over Defendant because Defendant is subject to general and specific jurisdiction in the state of Delaware. Defendant is subject to personal jurisdiction at least because Defendant is a Delaware corporation and resides in this District Defendant has made certain minimum contacts with Delaware such that the maintenance of this suit does not offend traditional notions of fair play and substantial justice. 2 Case 1:20-cv-01671-UNA Document 1 Filed 12/09/20 Page 3 of 23 PageID #: 3 9. The exercise of personal jurisdiction comports with Defendant’s right to due process because, as described above, Defendant has purposefully availed itself of the privilege of Delaware corporate laws such that it should reasonably anticipate being haled into court here. 10. Venue is proper in the District of Delaware pursuant to 28 U.S.C. §§ 1391 and 1400(b) at least because Momentum Dynamics is incorporated in this District and is subject to personal jurisdiction in this District. THE PATENTS-IN-SUIT 11. On June 22, 2010, the ’734 Patent, titled “Wireless non-radiative energy transfer,” was duly and lawfully issued by the United States Patent and Trademark Office. MIT is the owner by assignment of the ’734 Patent and WiTricity is the exclusive licensee of the ’734 Patent, with the right to prosecute any third party infringement of the ’734 Patent. A true and correct copy of the ’734 Patent is attached as Exhibit 1. 12. On November 6, 2012, the ’935 Patent, titled “Wireless energy transfer using field shaping to reduce loss,” was duly and lawfully issued by the United States Patent and Trademark Office. WiTricity is the owner by assignment of the ’935 Patent. A true and correct copy of the ’935 Patent is attached as Exhibit 2. 13. On April 29, 2014, the ’701 Patent, titled “Antennas and their coupling characteristics for wireless power transfer via magnetic coupling,” was duly and lawfully issued by the United States Patent and Trademark Office. WiTricity is the owner by assignment of the ’701 Patent. A true and correct copy of the ’701 Patent is attached as Exhibit 3. 14. On November 11, 2014, the ’581 Patent, titled “Adaptive wireless energy transfer system,” was duly and lawfully issued by the United States Patent and Trademark Office. 3 Case 1:20-cv-01671-UNA Document 1 Filed 12/09/20 Page 4 of 23 PageID #: 4 WiTricity is the owner by assignment of the ’581 Patent. A true and correct copy of the ’581 Patent is attached as Exhibit 4. 15. On November 10, 2015, the ’595 Patent, titled “Wireless energy transfer in lossy environments,” was duly and lawfully issued by the United States Patent and Trademark Office. WiTricity is the owner by assignment of the ’595 Patent. A true and correct copy of the ’595 Patent is attached as Exhibit 5. 16. On April 5, 2016, the ’635 Patent, titled “Wireless energy transfer with reduced fields,” was duly and lawfully issued by the United States Patent and Trademark Office. WiTricity is the owner by assignment of the ’635 Patent. A true and correct copy of the ’635 Patent is attached as Exhibit 6. 17. On September 19, 2017, the ’955 Patent, titled “Multi power sourced electric vehicle,” was duly and lawfully issued by the United States Patent and Trademark Office. Auckland is the owner by assignment of the ’955 Patent and WiTricity is the licensee of the ’955 Patent in the field of road vehicles, with the exclusive right to enforce the ’955 Patent in the field of road vehicles. A true and correct copy of the ’955 Patent is attached as Exhibit 7. BACKGROUND 18. WiTricity was founded in 2007 based on new technology for wireless electricity transfer. The technology, invented and patented by a team of physicists from MIT, is known as “highly resonant wireless power transfer,” enabling transfer of power from one device to the other at high efficiency and over a distance range. Highly resonant wireless power transfer is the foundational technology underlying resonant-based systems for wireless charging of electric vehicles, including, upon information and belief, Momentum Dynamics’ system. 4 Case 1:20-cv-01671-UNA Document 1 Filed 12/09/20 Page 5 of 23 PageID #: 5 19. WiTricity continues to develop and patent the core technology necessary for wireless charging of electric vehicles, as well as acquire additional intellectual property building upon WiTricity’s foundational technology. WiTricity now controls over 1000 issued patents worldwide. ACTS GIVING RISE TO THIS ACTION 20. Momentum Dynamics’ website states that the “Momentum Charger is a modular platform technology capable of spanning across multiple vehicle types automatically and without a plug,” describing its technology as an “automatic inductive charging system” and “high power inductive charging technologies.”1 Momentum Dynamics’ website, shown below, further explains that its technology uses highly resonant wireless power transfer invented by WiTricity.2 1 https://momentumdynamics.com/ (last accessed Nov. 12, 2020). 2 https://momentumdynamics.com/thetech/ (last accessed Nov. 12, 2020). 5 Case 1:20-cv-01671-UNA Document 1 Filed 12/09/20 Page 6 of 23 PageID #: 6 21. Upon information and belief, Momentum Dynamics has installed or proposed to install its wireless electric vehicle charging systems on various public bus networks, including in Martha’s Vineyard, Massachusetts,3 Chattanooga, Tennessee,4 Wenatchee, Washington5 and Howard County, Maryland.6 COUNT I Infringement of the ’734 Patent 22. Momentum Dynamics has infringed and continues to infringe one or more claims of the ’734 Patent, including but not limited to exemplary claim 6, pursuant to 35 U.S.C. § 271(a), at least by without authority making, using, offering to sell, and/or selling the Momentum Charger within the United States. Attached hereto as Exhibit 8,7 and incorporated herein by reference, is a claim chart detailing the correspondence between the Momentum Dynamics’ wireless charging systems and claim 6 of the ’734 Patent. 23. Momentum Dynamics has been on notice of infringement of the ’734 Patent since at least as early as June 4, 2015, when WiTricity sent a letter to Momentum Dynamics seeking to open licensing discussions and stated that Momentum Dynamics has been infringing WiTricity’s patents. In the alternative, Momentum Dynamics has been on notice of infringement of the ’734 3 https://www.prnewswire.com/news-releases/momentum-dynamics-will-deliver-200-kw- wireless-charging-systems-for-marthas-vineyard-transit-buses-300722663.html (last accessed Nov. 12, 2020). 4 https://insideevs.com/news/339620/america-gets-its-second-200-kw-wireless-bus-charging- system/ (last accessed Nov. 12, 2020); https://www.prnewswire.com/news-releases/shift-to- electric-transit-buses-continues-as-momentum-dynamics-installs-americas-second-200-kw- wireless-charging-system-300677782.html (last accessed Nov. 12, 2020). 5 https://www.prnewswire.com/news-releases/momentum-dynamics-wireless-chargers-to- provide-unlimited-driving-range-on-10-battery-electric-buses-delivered-to-link-transit-in- washington-state-301081095.html (last accessed Nov. 12, 2020). 6 https://www.businesswire.com/news/home/20160414006080/en/Momentum%C2%AE- Dynamics-Completes-Testing-50kW-Wireless-Charging (last accessed Nov. 12, 2020). 7 Exhibit 15 includes the definitions and sources of materials cited in the claim charts. 6 Case 1:20-cv-01671-UNA Document 1 Filed 12/09/20 Page 7 of 23 PageID #: 7 Patent since at least as early as November 16, 2020, when WiTricity renewed its request for licensing discussions and restated that Momentum Dynamics has been infringing the ’734 Patent.
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