Case 1:21-cv-00998-UNA Document 1 Filed 07/07/21 Page 1 of 17 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`CONTINUOUS COMPOSITES, INC., a
`Delaware corporation,
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`
`
`
`
`Plaintiff,
`
`vs.
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`MARKFORGED, INC., a Delaware corporation,
`
`
`
`Defendant.
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`)
`)
`)
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`)
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`)
`
`C.A. No.
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`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff CONTINUOUS COMPOSITES, INC. (“Continuous Composites” or “Plaintiff”)
`
`brings this action for patent infringement against Defendant, MARKFORGED, INC.
`
`(“Markforged” or “Defendant”), on information and belief, and alleges as follows:
`
`NATURE OF THE CASE
`
`1.
`
`This is an action for patent infringement. Plaintiff Continuous Composites
`
`develops continuous fiber additive manufacturing (also called “3D printing”) technology that
`
`uses a continuous fiber and matrix in the printing process. Continuous Composites has been and
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`continues to be a pioneer in developing continuous fiber 3D printing (CF3D®) with high-
`
`performance materials and was the earliest developer of CF3D. It has been awarded numerous
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`patents for its innovative technology, including the patents at issue in this action.
`
`2.
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`Defendant makes, uses, sells, and offers to sell continuous fiber composite 3D
`
`printers that infringe Continuous Composites’s patented inventions without Continuous
`
`Composites’s permission and without compensating Continuous Composites for the use of
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`Continuous Composites’s patented innovations. The patents at issue in this action claim priority
`
`back to 2012, predating both Defendant’s founding and the release of Defendant’s first
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`commercially available continuous fiber composite 3D printer several years later.
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`1
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`Page 1 of 17
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`Markforged Ex. 1018
`Markforged v. Continuous Composites, IPR2022-01220
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`Case 1:21-cv-00998-UNA Document 1 Filed 07/07/21 Page 2 of 17 PageID #: 2
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`3.
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`This lawsuit is brought by Continuous Composites to end Defendant’s
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`unauthorized and infringing activities including, making, using, selling, offering to sell, and/or
`
`importing into the United States products and/or components that incorporate Continuous
`
`Composites’s patented inventions, or inducing others to do so, without Continuous Composites’s
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`permission and without compensating Continuous Composites; and to recover damages adequate
`
`to compensate Continuous Composites for Defendant’s unlawful and infringing actions.
`
`THE PARTIES
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`4.
`
`Continuous Composites is a corporation organized and existing under the laws of
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`the State of Delaware, with its principal place of business at 215 E. Lakeside Ave., Coeur d’Alene,
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`ID 83814.
`
`5.
`
`On information and belief, Markforged is a Delaware corporation organized under
`
`the laws of the state of Delaware, with its principal place of business at 85 School Street,
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`Watertown, MA 02472.
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`JURISDICTION AND VENUE
`
`6.
`
`This civil action for patent infringement arises under the patent laws of the United
`
`States, 35 U.S.C. § 100 et seq., including pursuant to 35 U.S.C. § 271. This Court has subject
`
`matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`
`7.
`
`This Court has personal jurisdiction over Markforged. On information and belief,
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`Markforged has systematic and continuous contact with this forum at least because it is a
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`Delaware corporation, conducts business in this judicial district, and resides in Delaware.
`
`8.
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`Venue is proper in this Court under 28 U.S.C. § 1400(b) because Markforged is a
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`Delaware corporation and, therefore, resides in this district.
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`2
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`Page 2 of 17
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`Markforged Ex. 1018
`Markforged v. Continuous Composites, IPR2022-01220
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`Case 1:21-cv-00998-UNA Document 1 Filed 07/07/21 Page 3 of 17 PageID #: 3
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`BACKGROUND
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`9.
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`Continuous Composites is the owner of the patents at issue in this action: U.S.
`
`Patent Nos. 9,511,543 (the “’543 Patent”); 9,987,798 (the “’798 Patent”); 10,744,708 (the “’708
`
`Patent”), and 10,759,109 (the “’109 Patent”) (collectively, the “Asserted Patents”).
`
`10.
`
`On December 6, 2016, the United States Patent and Trademark Office duly and
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`legally issued the ’543 Patent entitled “Method and Apparatus for Continuous Composite Three-
`
`Dimensional Printing.” A copy of the ’543 Patent is attached as Exhibit 1.
`
`11.
`
`Continuous Composites owns all substantial right, title, and interest in the ’543
`
`Patent, and holds the right to sue and recover damages for infringement thereof, including past
`
`infringement.
`
`12.
`
`13.
`
`The claims of the ’543 Patent are valid and enforceable.
`
`On June 5, 2018, the United States Patent and Trademark Office duly and legally
`
`issued the ’798 Patent, entitled “Method and Apparatus for Continuous Composite Three-
`
`Dimensional Printing.” A copy of the ’798 Patent is attached as Exhibit 2.
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`14.
`
`Continuous Composites owns all substantial right, title, and interest in the ’798
`
`Patent, and holds the right to sue and recover damages for infringement thereof, including past
`
`infringement.
`
`15.
`
`16.
`
`The claims of the ’798 Patent are valid and enforceable.
`
`On August 18, 2020, the United States Patent and Trademark Office duly and
`
`legally issued the ’708 Patent, entitled “Method and Apparatus for Continuous Composite Three-
`
`Dimensional Printing.” A copy of the ’708 Patent is attached as Exhibit 3.
`
`17.
`
`Continuous Composites owns all substantial right, title, and interest in the ’708
`
`Patent, and holds the right to sue and recover damages for infringement thereof, including past
`
`infringement.
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`3
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`Case 1:21-cv-00998-UNA Document 1 Filed 07/07/21 Page 4 of 17 PageID #: 4
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`18.
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`19.
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`The claims of the ’708 Patent are valid and enforceable.
`
`On September 1, 2020, the United States Patent and Trademark Office duly and
`
`legally issued the ’109 Patent, entitled “Method and Apparatus for Continuous Composite Three-
`
`Dimensional Printing.” A copy of the ’109 Patent is attached as Exhibit 4.
`
`20.
`
`Continuous Composites owns all substantial right, title, and interest in the ’109
`
`Patent, and holds the right to sue and recover damages for infringement thereof, including past
`
`infringement.
`
`21.
`
`22.
`
`The claims of the ’109 Patent are valid and enforceable.
`
`Defendant competes with Continuous Composites in the continuous fiber 3D
`
`printing industry.
`
`23. Markforged manufactures, markets, sells, and uses several 3D printers that use a
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`3D printing technique Defendant refers to as a Continuous Fiber Reinforcement (CFR) process
`
`(the “Accused Products”). The Accused Products extrude a matrix (e.g., Onyx™, Onyx FR™,
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`Onyx FSD™, nylon) in liquid form together with a continuous fiber reinforcement (carbon fiber,
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`Kevlar®, HSHT fiberglass, fiberglass) to “3D print” or generate objects, such as industrial parts
`
`or rapid prototypes. Examples of the Accused Products include Defendant’s Mark Two, Onyx
`
`Pro, X5, and X7 printers. The Accused Products are Defendant’s flagship products and, on
`
`information and belief, are the primary contributors to Defendant’s historical revenue.
`
`24.
`
`On information and belief, Defendant instructs users of the Accused Products to
`
`operate the Accused Products to generate objects using the CFR process. For example,
`
`Defendant’s
`
`website
`
`advertises
`
`a
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`“Markforged
`
`University”
`
`(e.g.,
`
`at
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`https://markforged.com/markforged-university) which Defendant describes as a “comprehensive
`
`additive training program for modern manufacturing” and where visitors can “Get Certified” for
`
`using the Accused Products. On information and belief, the Markforged University provides
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`4
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`instruction to those seeking certification how to use the Accused Products to generate objects
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`using the CFR process. In addition, on information and belief, Defendant provides user and
`
`service manuals providing instructions on how to operate the Accused Products to generate parts
`
`or objects using the CFR process.
`
`25.
`
`On information and belief, third parties including manufacturers, engineers, and
`
`other customers of Defendant have used and continue to use the Accused Products as directed by
`
`Defendant. For example, Defendant’s website (e.g., at https://markforged.com/industries/)
`
`indicates that leaders in the aerospace, automotive, consumer packaged goods, education and
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`research, electronics manufacturing, energy, federal and defense, industrial equipment, medical,
`
`and product development industries use Defendant’s products, which include the Accused
`
`Products.
`
`26.
`
`On information and belief, critical components of the Accused Products, including
`
`at least the fiber extruder, and including the clutched drive roller of the extruder, as well as the
`
`angled fan and the heater inside the print head have substantially no other use other than to
`
`generate parts or objects using the CFR process.
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`27. Markforged has been on notice of the Asserted Patents since at least July 1, 2021
`
`(“the Notice Date”) when Continuous Composites sent notice to Markforged of its infringement
`
`of the Asserted Patents through it making, using, selling, offering to sell, and/or importing of the
`
`Accused Products, or its acts in inducing others to do so. The July 1, 2021 notice included claim
`
`charts detailing Markforged’s infringement of the four Asserted Patents.
`
`28.
`
`In June 2018, Continuous Composites’s Director of Intellectual Property, Ryan
`
`Stockett, was invited to and attended Markforged’s anniversary party in Boston, MA. Mr.
`
`Stockett spoke with Mr. Gregory Mark, Mr. David Benhaim and other executives, VPs and
`
`engineers of Markforged about Continuous Composites’s patented and propriety technology.
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`5
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`Since then, Continuous Composites has attempted to engage in a business discussion with
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`Markforged about licensing Continuous Composites’s patents only to be dismissed or ignored by
`
`Markforged. Accordingly, even before the Notice Date, Markforged had actual knowledge of
`
`Continuous Composites’s patents, including the four patents asserted in this Action, and of
`
`Markforged’s infringement of those patents, or at minimum Markforged willfully blinded itself
`
`to the existence of Continuous Composites’s patents and Markforged’s infringement.
`
`COUNT I
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`DEFENDANT’S INFRINGEMENT OF U.S. PAT. NO. 9,511,543
`
`29.
`
`Continuous Composites incorporates by reference and realleges the foregoing
`
`paragraphs as if fully set forth herein.
`
`30.
`
`On information and belief, Defendant has directly infringed and continues to
`
`directly infringe each and every element of at least claims 17, 20, 21, 24, 25, and 27 of the ’543
`
`Patent under 35 U.S.C. § 271(a), either literally or under the doctrine of equivalents, by, using in
`
`the United States without authority the Accused Products that perform the CFR process. A claim
`
`chart detailing examples of Defendant’s infringement is attached as Exhibit 5.
`
`31.
`
`Defendant has indirectly infringed, and continues to indirectly infringe, the ’543
`
`Patent under 35 U.S.C. § 271(b) by actively, knowingly, and intentionally inducing infringement
`
`by others, such as end-users or customers of the Accused Products, with knowledge of the ’543
`
`Patent and with knowledge that others (including Defendant’s customers and end users) will use
`
`the Accused Products to 3D print objects using the CFR process in a manner that directly
`
`infringes, either literally and/or under the doctrine of equivalents, one or more claims of the ’543
`
`Patent. Defendant had and has the specific intent to encourage the acts of direct infringement by
`
`teaching (including Defendant’s customers and end users) to use the Accused Products in a
`
`manner that Defendant knew and knows infringes the ’543 Patent, by, for example, instructing
`
`6
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`those end-users or customers how to generate parts or objects using the CFR process through the
`
`Markforged University, user and service manuals, and/or YouTube videos (e.g., those available
`
`at https://www.youtube.com/channel/UCg90L1Q_pjC4faYedwVAyRw).
`
`32.
`
`Defendant contributes to direct infringement of the ’543 Patent by others
`
`(including its customers and end users) under 35 U.S.C. § 271(c), including by providing discrete,
`
`material components of the Accused Products to its customers for installation or replacement.
`
`Components of the Accused Products provided by Defendant to others include at least the fiber
`
`extruder and the print head. Said components have been especially made or especially adapted
`
`by Defendant for use in infringement of the ’543 Patent, and are not suitable for any substantial
`
`non-infringing use as their purpose is using the CFR process to manufacture parts or objects using
`
`continuous fiber materials.
`
`33.
`
`Defendant received actual notice of its infringement of the ’543 Patent at least as
`
`early as the Notice Date and have continued to make, use, sell, offer to sell and/or import the
`
`Accused Products, and/or induce others to do so, and/or contribute to infringement by others.
`
`Even before the Notice Date, Defendant had actual knowledge of the ’543 Patent or at minimum
`
`willfully blinded itself to the existence of the ’543 Patent and Defendant’s infringement.
`
`34.
`
`Continuous Composites has suffered, and continues to suffer, damages as a result
`
`of Defendant’s infringement of the ’543 Patent. The extent of damage suffered by Continuous
`
`Composites and caused by Defendant is not yet known, but the damage is substantial and will be
`
`determined at trial.
`
`35.
`
`In addition, Continuous Composites and Defendant are direct competitors in an
`
`emerging market where technology is a key differentiator. On information and belief, Markforged
`
`will continue its infringing activities damaging Continuous Composites unless and until enjoined
`
`7
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`by this Court. Due to Defendant’s infringement, Continuous Composites has suffered, is
`
`suffering, and will continue to suffer irreparable injury for which Continuous Composites has no
`
`adequate remedy at law, including but not limited to customer confusion, harm to reputation, and
`
`loss of goodwill. Continuous Composites is therefore entitled to a preliminary and permanent
`
`injunction against Defendant’s further infringement.
`
`36.
`
`Defendant’s infringement of the ’543 Patent after learning that Continuous
`
`Composites developed and patented CF3D technology has been, and continues to be, willful,
`
`deliberate, and in disregard of Continuous Composites patent rights. Defendant’s intentional,
`
`knowing, and willful infringement entitles Continuous Composites to increased damages under
`
`35 U.S.C. § 284 and to attorneys’ fees and costs incurred in prosecuting this action under 35
`
`U.S.C. § 285.
`
`COUNT II
`
`DEFENDANT’S INFRINGEMENT OF U.S. PAT. NO. 9,987,798
`
`37.
`
`Continuous Composites incorporates by reference and realleges the foregoing
`
`paragraphs as if fully set forth herein.
`
`38.
`
`On information and belief, Defendant has directly infringed and continues to
`
`directly infringe each and every element of at least claims 1, 13, 14, and 18 of the ’798 Patent
`
`under 35 U.S.C. § 271(a), either literally or under the doctrine of equivalents, by using in the
`
`United States without authority the Accused Products that perform the CFR process. A claim
`
`chart detailing examples of Defendant’s infringement is attached as Exhibit 6.
`
`39.
`
`Defendant has indirectly infringed, and continues to indirectly infringe, the ’798
`
`Patent under 35 U.S.C. § 271(b) by actively, knowingly, and intentionally inducing infringement
`
`by others, such as end-users or customers of the Accused Products, with knowledge of the ’798
`
`Patent and with knowledge that others (including Defendant’s customers and end users) will use
`
`8
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`Case 1:21-cv-00998-UNA Document 1 Filed 07/07/21 Page 9 of 17 PageID #: 9
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`the Accused Products to 3D print objects using the CFR process in a manner that directly
`
`infringes, either literally and/or under the doctrine of equivalents, one or more claims of the ’798
`
`Patent. Defendant had and has the specific intent to encourage the acts of direct infringement by
`
`teaching (including Defendant’s customers and end users) to use the Accused Products in a
`
`manner that Defendant knew and knows infringes the ’798 Patent, by, for example, instructing
`
`those end-users or customers how to generate parts or objects using the CFR process through the
`
`Markforged University, user and service manuals, and/or YouTube videos (e.g., those available
`
`at https://www.youtube.com/channel/UCg90L1Q_pjC4faYedwVAyRw).
`
`40.
`
`Defendant contributes to direct infringement of the ’798 Patent by others
`
`(including its customers and end users), including by providing discrete, material components of
`
`the Accused Products to its customers for installation or replacement. Components of the
`
`Accused Products provided by Defendant to others include at least the fiber extruder and the print
`
`head. Said components have been especially made or especially adapted by Defendant for use in
`
`infringement of the ’798 Patent, and are not suitable for any substantial non-infringing use as
`
`their sole purpose is using the CFR process to manufacture parts or objects using continuous fiber
`
`materials.
`
`41.
`
`Defendant received actual notice of its infringement of the ’798 Patent at least as
`
`early as the Notice Date and have continued to make, use, sell, offer to sell and/or import the
`
`Accused Products, and/or induce others to do so, and/or contribute to infringement by others.
`
`Even before the Notice Date, Defendant had actual knowledge of the ’798 Patent or at minimum
`
`willfully blinded itself to the existence of the ’798 Patent and Defendant’s infringement.
`
`42.
`
`Continuous Composites has suffered, and continues to suffer, damages as a result
`
`of Defendant’s infringement of the ’798 Patent. The extent of damage suffered by Continuous
`
`9
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`Composites and caused by Defendant is not yet known, but the damage is substantial and will be
`
`determined at trial.
`
`43.
`
`In addition, Continuous Composites and Defendant are direct competitors in an
`
`emerging market where technology is a key differentiator. On information and belief, Markforged
`
`will continue its infringing activities damaging Continuous Composites unless and until enjoined
`
`by this Court. Due to Defendant’s infringement, Continuous Composites has suffered, is
`
`suffering, and will continue to suffer irreparable injury for which Continuous Composites has no
`
`adequate remedy at law, including but not limited to customer confusion, harm to reputation, and
`
`loss of goodwill. Continuous Composites is therefore entitled to a preliminary and permanent
`
`injunction against Defendant’s further infringement.
`
`44.
`
`Defendant’s further infringement of the ’798 Patent after learning that Continuous
`
`Composites developed and patented CF3D technology has been, and continues to be, willful,
`
`deliberate, and in disregard of Continuous Composites patent rights. Defendant’s intentional,
`
`knowing, and willful infringement entitles Continuous Composites to increased damages under
`
`35 U.S.C. § 284 and to attorneys’ fees and costs incurred in prosecuting this action under 35
`
`U.S.C. § 285.
`
`COUNT III
`
`DEFENDANT’S INFRINGEMENT OF U.S. PAT. NO. 10,744,708
`
`45.
`
`Continuous Composites incorporates by reference and realleges the foregoing
`
`paragraphs as if fully set forth herein.
`
`46.
`
`On information and belief, Defendant has directly infringed and continues to
`
`directly infringe each and every element of at least claims 1, 5, 9, and 21 of the ’708 Patent under
`
`35 U.S.C. § 271(a), either literally or under the doctrine of equivalents, by using in the United
`
`10
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`Case 1:21-cv-00998-UNA Document 1 Filed 07/07/21 Page 11 of 17 PageID #: 11
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`States without authority the Accused Products that perform the CFR process. A claim chart
`
`detailing examples of Defendant’s infringement is attached as Exhibit 7.
`
`47.
`
`Defendant has indirectly infringed, and continues to indirectly infringe, the ’708
`
`Patent under 35 U.S.C. § 271(b) by actively, knowingly, and intentionally inducing infringement
`
`by others, such as end-users or customers of the Accused Products, with knowledge of the ’708
`
`Patent and with knowledge that others (including Defendant’s customers and end users) will use
`
`the Accused Products to 3D print objects using the CFR process in a manner that directly
`
`infringes, either literally and/or under the doctrine of equivalents, one or more claims of the ’708
`
`Patent. Defendant had and has the specific intent to encourage the acts of direct infringement by
`
`teaching (including Defendant’s customers and end users) to use the Accused Products in a
`
`manner that Defendant knew and knows infringes the ’708 Patent, by, for example, instructing
`
`those end-users or customers how to generate parts or objects using the CFR process through the
`
`Markforged University, user and service manuals, and/or YouTube videos (e.g., those available
`
`at https://www.youtube.com/channel/UCg90L1Q_pjC4faYedwVAyRw).
`
`48.
`
`Defendant contributes to direct infringement of the ’708 Patent by others
`
`(including its customers and end users), including by providing discrete, material components of
`
`the Accused Products to its customers for installation or replacement. Components of the
`
`Accused Products provided by Defendant to others include at least the fiber extruder and the fiber
`
`print head. Said components have been especially made or especially adapted by Defendant for
`
`use in infringement of the ’708 Patent, and are not suitable for any substantial non-infringing use
`
`as their sole purpose is using the CFR process to manufacture parts or objects using continuous
`
`fiber materials.
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`11
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`49.
`
`Defendant received actual notice of its infringement of the ’708 Patent at least as
`
`early as the Notice Date and have continued to make, use, sell, offer to sell and/or import the
`
`Accused Products, and/or induce others to do so, and/or contribute to infringement by others.
`
`Even before the Notice Date, Defendant had actual knowledge of the ’708 Patent or at minimum
`
`willfully blinded itself to the existence of the ’708 Patent and Defendant’s infringement.
`
`50.
`
`Continuous Composites has suffered, and continues to suffer, damages as a result
`
`of Defendant’s infringement of the ’708 Patent. The extent of damage suffered by Continuous
`
`Composites and caused by Defendant is not yet known, but the damage is substantial and will be
`
`determined at trial.
`
`51.
`
`In addition, Continuous Composites and Defendant are direct competitors in an
`
`emerging market where technology is a key differentiator. On information and belief, Markforged
`
`will continue its infringing activities damaging Continuous Composites unless and until enjoined
`
`by this Court. Due to Defendant’s infringement, Continuous Composites has suffered, is
`
`suffering, and will continue to suffer irreparable injury for which Continuous Composites has no
`
`adequate remedy at law, including but not limited to customer confusion, harm to reputation, and
`
`loss of goodwill. Continuous Composites is therefore entitled to a preliminary and permanent
`
`injunction against Defendant’s further infringement.
`
`52.
`
`Defendant’s further infringement of the ’708 Patent after learning that Continuous
`
`Composites developed and patented CF3D technology has been, and continues to be, willful,
`
`deliberate, and in disregard of Continuous Composites’s patent rights. Defendant’s intentional,
`
`knowing, and willful infringement entitles Continuous Composites to increased damages under
`
`35 U.S.C. § 284 and to attorneys’ fees and costs incurred in prosecuting this action under 35
`
`U.S.C. § 285.
`
`12
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`Markforged Ex. 1018
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`Case 1:21-cv-00998-UNA Document 1 Filed 07/07/21 Page 13 of 17 PageID #: 13
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`COUNT IV
`
`DEFENDANT’S INFRINGEMENT OF U.S. PAT. NO. 10,759,109
`
`53.
`
`Continuous Composites incorporates by reference and realleges the foregoing
`
`paragraphs as if fully set forth herein.
`
`54.
`
`On information and belief, Defendant has directly infringed and continues to
`
`directly infringe each and every element of at least claims 1, 3, 4, 7, and 8 of the ’109 Patent
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`under 35 U.S.C. § 271(a), either literally or under the doctrine of equivalents, by making, using,
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`offering to sell, selling, and/or importing into the United States without authority the Accused
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`Products that perform the CFR process. A claim chart detailing examples of Defendant’s
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`infringement is attached as Exhibit 8.
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`55.
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`Defendant has indirectly infringed, and continues to indirectly infringe, the ’109
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`Patent under 35 U.S.C. § 271(b) by actively, knowingly, and intentionally inducing infringement
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`by others, such as end-users or customers of the Accused Products, with knowledge of the ’109
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`Patent and with knowledge that others (including Defendant’s customers and end users) will use
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`the Accused Products to 3D print objects using the CFR process in a manner that directly
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`infringes, either literally and/or under the doctrine of equivalents, one or more claims of the ’109
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`Patent. Defendant had and has the specific intent to encourage the acts of direct infringement by
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`teaching (including Defendant’s customers and end users) to use the Accused Products in a
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`manner that Defendant knew and knows infringes the ’109 Patent, by, for example, instructing
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`those end-users or customers how to generate parts or objects using the CFR process through the
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`Markforged University, user and service manuals, and/or YouTube videos (e.g., those available
`
`at https://www.youtube.com/channel/UCg90L1Q_pjC4faYedwVAyRw).
`
`13
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`Case 1:21-cv-00998-UNA Document 1 Filed 07/07/21 Page 14 of 17 PageID #: 14
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`56.
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`Defendant contributes to direct infringement of the ’109 Patent by others
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`(including its customers and end users), including by providing discrete, material components of
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`the Accused Products to its customers for installation or replacement. Components of the
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`Accused Products provided by Defendant to others include at least the fiber extruder and the fiber
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`print head. Said components have been especially made or especially adapted by Defendant for
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`use in infringement of the ’109 Patent, and are not suitable for any substantial non-infringing use
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`as their sole purpose is using the CFR process to manufacture parts or objects using continuous
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`fiber materials.
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`57.
`
`Defendant received actual notice of its infringement of the ’109 Patent at least as
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`early as the Notice Date and have continued to make, use, sell, offer to sell and/or import the
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`Accused Products, and/or induce others to do so, and/or contribute to infringement by others.
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`Even before the Notice Date, Defendant had actual knowledge of the ’109 Patent or at minimum
`
`willfully blinded itself to the existence of the ’109 Patent and Defendant’s infringement.
`
`58.
`
`Continuous Composites has suffered, and continues to suffer, damages as a result
`
`of Defendant’s infringement of the ’109 Patent. The extent of damage suffered by Continuous
`
`Composites and caused by Defendant is not yet known, but the damage is substantial and will be
`
`determined at trial.
`
`59.
`
`Continuous Composites provided actual notice of infringement at least as early as
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`July 1, 2021, in compliance with 35 U.S.C. § 287.
`
`60.
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`In addition, Continuous Composites and Defendant are direct competitors in an
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`emerging market where technology is a key differentiator. On information and belief, Markforged
`
`will continue its infringing activities damaging Continuous Composites unless and until enjoined
`
`by this Court. Due to Defendant’s infringement, Continuous Composites has suffered, is
`
`suffering, and will continue to suffer irreparable injury for which Continuous Composites has no
`
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`Case 1:21-cv-00998-UNA Document 1 Filed 07/07/21 Page 15 of 17 PageID #: 15
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`adequate remedy at law, including but not limited to customer confusion, harm to reputation, and
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`loss of goodwill. Continuous Composites is therefore entitled to a preliminary and permanent
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`injunction against Defendant’s further infringement
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`61.
`
`Defendant’s further infringement of the ’109 Patent after learning that Continuous
`
`Composites developed and patented CF3D technology has been, and continues to be, willful,
`
`deliberate, and in disregard of Continuous Composites’s patent rights. Defendant’s intentional,
`
`knowing, and willful infringement entitles Continuous Composites to increased damages under
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`35 U.S.C. § 284 and to attorneys’ fees and costs incurred in prosecuting this action under 35
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`U.S.C. § 285.
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`JURY DEMAND
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`Under Federal Rule of Civil Procedure 38(b), Continuous Composites demands a trial
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`by jury on all issues so triable.
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`PRAYER FOR RELIEF
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`Continuous Composites respectfully prays for relief as follows:
`
`A.
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`a judgment that Defendant has infringed and continue to infringe one or more
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`claims of the Asserted Patents;
`
`B.
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`a judgment that Defendant has willfully infringed one or more claims of the
`
`Asserted Patents;
`
`C.
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`a preliminary and permanent injunction issued against Defendant and its agents,
`
`officers, directors, employees, attorneys, successors, and assigns, all parent and
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`subsidiary entities, and all those acting for or on the behalf of Defendant, or in
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`active concert, participation, or combination with them, including customers and
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`distributors, prohibiting Defendant from:
`
`a.
`
`continuing acts of infringement of the Asserted Patents,
`
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`Case 1:21-cv-00998-UNA Document 1 Filed 07/07/21 Page 16 of 17 PageID #: 16
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`b.
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`c.
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`making, using, selling, and/or importing infringing products, to include
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`any colorable imitation thereof, and
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`otherwise infringing the Asserted Patents;
`
`D.
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`judgment awarding Plaintiff all damages adequate to compensate for Defendant’s
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`infringement, and in no event less than a reasonable royalty for Defendant’s
`
`infringement, including all pre-judgment and post-judgment interest at the
`
`maximum rate allowed by law;
`
`E.
`
`F.
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`a judgment awarding Plaintiff treble damages pursuant to 35 U.S.C. § 284 as a
`
`result of Defendant’s willful conduct;
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`a judgment and order finding that this is an exceptional case within the meaning
`
`of 35 U.S.C. § 285 and awarding Plaintiff its reasonable Attorneys’ Fees and
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`Taxable Costs incurred in connection with this action, pursuant to 35 U.S.C. §
`
`285; and
`
`G.
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`for such additional and further relief in law and equity, as the Court may deem just
`
`and proper.
`
`Of Counsel:
`
`William B. Dyer III
`Andrew G. Strickland
`Lee & Hayes
`75 14th Street NE, Suite 2500
`Atlanta, GA 30309
`(404) 815-1900
`bill.dyer@leehayes.com
`andrew.strickland@leehayes.com
`
`/s/ Kelly E. Farnan
`Kelly E. Farnan (#4395)
`Valerie A. Caras (#6608)
`Richards, Layton & Finger, P.A.
`One Rodney Square
`920 N. King Street
`Wilmington, DE 19801
`(302) 651-7700
`farnan@rlf.com
`caras@rlf.com
`
`Attorneys for Plaintiff
` Continuous Composites, Inc.
`
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`Case 1:21-cv-00998-UNA Document 1 Filed 07/07/21 Page 17 of 17 Pa