Litigation
Shenzhen Root Technology Co., Ltd. et al. v. Chiaro Technology, Ltd. d/b/a Elvie
dismissed with prejudice (consent judgment of non-infringement)2:23-cv-00631-KKE
- Filed
- 2023-04-28
- Terminated
- 2026-01-05
Patents at issue (4)
Defender signal. 2 of these patents have had claims invalidated at PTAB. Those final written decisions are public record and a ready-made § 102 / § 103 ground in district court. See IPR estoppel for what carries over.
Plaintiffs (8)
- π Shenzhen Root Technology Co., Ltd.
- π Hong Kong Lute Technology Co., Limited
- π Shenzhen Conglin E-Commerce Co., Ltd.
- π Shenzhen Root E-Commerce Co., Ltd. (now Shenzhen Yuyou Technology Co., Ltd.)
- π Shenzhen Lutejiacheng Network Technology Co., Ltd. (now Shenzhen Lute Innovation Technology Co., Ltd.)
- π Shenzhen TPH Technology Co., Ltd.
- π Shenzhen Jinruihang Technology Co., Ltd.
- π Shenzhen Xitao Network Technology Co., Ltd.
Defendants (1)
Summary
Momcozy entities filed a DJ action against Chiaro/Elvie regarding the '893 patent. Elvie counterclaimed and later asserted the '893, '380, '381, and '454 patents against Momcozy's V1 and V2 products. The case was stayed due to Chiaro's bankruptcy and resolved by a consent judgment of non-infringement for Momcozy and dismissal with prejudice of Elvie's infringement counterclaims.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
I'll research this case to verify the details before writing the overview.
Now let me dig into the IPRs, the corporate/insolvency background, and the case's final resolution.
Let me get the final resolution, the remaining IPRs, and Momcozy's corporate background.
Case Overview and Background
The parties: two operating companies, not an NPE/PAE or university case. Defendant/counterclaim-plaintiff Chiaro Technology, Ltd. d/b/a Elvie is a UK femtech operating company, founded in April 2013 by Tania Boler, headquartered in Bristol, and the maker of the Elvie Pump (marketed as the first silent, wearable in-bra breast pump), the Elvie Stride, the Elvie Trainer pelvic-floor device, and later sleep products. The Elvie side raised roughly $186M in venture funding across rounds through 2021 (Octopus Ventures, IPGL, BlackRock PE, Hiro Capital, among others). On March 28, 2025, Chiaro's directors appointed Lindsay Hallam, Matthew Boyd Callaghan, and Oliver Wright of FTI Consulting as joint administrators and, immediately upon appointment, completed a pre-packaged sale of substantially all business and assets to Willow Blossom Holdco Limited (a subsidiary of Willow Innovations, Inc.) for £6.1M, transferring all 178 employees (Elvie "Appointment of Administrators" notice; [FTI Statement of Proposals, 4 Apr. 2025](
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
I'll research this case systematically. Let me start with several parallel searches.
This is a rich case. Let me dig into the docket and the PTAB proceedings.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
I'll research the counsel of record for the plaintiffs in this case.
Let me dig deeper into the docket history and attorney details.
Let me verify the roles of the various firms and confirm who was counsel at the time of the final judgment.
Bottom line
Plaintiff-side representation in Shenzhen Root Technology Co., Ltd. et al. v. Chiaro Technology, Ltd. (W.D. Wash. No. 2:23-cv-00631-KKE) turned over substantially during the ~2.5-year life of the case. By the time the case ended in the January 5, 2026 consent judgment of non-infringement, only two firms were counsel of record for all plaintiffs/counterclaim-defendants: Arete Law Group PLLC (Seattle — local/Washington counsel) and Fish & Richardson P.C. (out-of-state lead counsel admitted pro hac vice). That is confirmed by the parties' own Notice of Withdrawal of Counsel (Dkt. 133, filed Aug. 26, 2024), which states that "ARETE LAW GROUP PLLC and FISH & RICHARDSON P.C. remain as counsel of record for all Plaintiffs and Counterclaim Defendants," and by the minute entry for the final proceedings, which lists "Pla Counsel: Kelly Del Dotto, Matthew Colvin, Jeremy E Roller."
A significant caveat up front: I was able to retrieve docket-level attorney and address data (via the mirrored PACER docket, CourtListener, and the archived filed PDFs on archive.org), but I could not open PACER itself or a Law360/Reuters profile for every attorney. Where I could not independently verify a biographical detail, I say so rather than fill it in.
Counsel of record at the close (Jan. 2026 consent judgment)
| Attorney | Role | Firm / office | Notes |
|---|---|---|---|
| Jeremy E. Roller (WSBA No. 32021) | Washington counsel of record; the only locally admitted attorney on the plaintiff side at the end — effectively lead local/trial counsel | Arete Law Group PLLC, Seattle, WA (1218 Third Ave., Ste. 2100, then 600 University St., Ste. 2420) | Founding member of Arete (2019). Yale Law School J.D. 2001; former law clerk to Judge Robert S. Lasnik (W.D. Wash.). Recognized in Best Lawyers in America for IP Litigation (since 2018) and Super Lawyers 2014–2024; firm bio cites IP injunctions and summary judgments, e.g. [Microsoft Corp.](/litigations/by-plaintiff/Microsoft%20Corp.) v. Big Boy Distribution, LLC, 589 F. Supp. 2d 1308 (S.D. Fla. 2008). He signed the plaintiffs' filings throughout, including the stipulated motions (e.g., Dkt. 146). |
| Kelly Del Dotto | Lead attorney (pro hac vice), docket-designated "LEAD ATTORNEY" | Fish & Richardson P.C., Wilmington, DE office (222 Delaware Ave., 17th Fl.) | Fish is one of the largest IP-only practices in the U.S. Docket e-mail appears as allenspach.del.dotto@fr.com, suggesting she may also appear as Kelly Allenspach Del Dotto. I could not independently verify a detailed public bio within my search budget — flag as partially sourced. |
| Matthew Colvin | Lead attorney (pro hac vice), docket-designated "LEAD ATTORNEY" | Fish & Richardson P.C., Dallas, TX (1717 Main St., Ste. 5000) | Signed the plaintiffs' claim-construction materials (e.g., Dkt. 136, Joint Claim Construction exhibits, Dec. 11, 2024). Fish bio not independently verified. |
| Carl Bruce | Lead attorney (pro hac vice), docket-designated "LEAD ATTORNEY" | Fish & Richardson P.C., Dallas, TX | Listed on the docket's plaintiff-side "LEAD ATTORNEY/PRO HAC VICE" entries throughout. Bio not independently verified. |
Note on the Arete address: Arete's address appears in the docket and filings both as 1218 Third Avenue, Suite 2100 (earlier) and 600 University Street, Suite 2420 (later, e.g., Dkt. 146). Both refer to the same Seattle firm.
Earlier plaintiff-side counsel (withdrawn or terminated)
These attorneys appeared for the plaintiffs but were no longer of record by the end:
| Attorney | Firm / office | Status |
|---|---|---|
| Brian C. Park | Stoel Rives LLP, Seattle, WA | Appeared early (filed the May 8, 2023 pro hac vice applications); terminated 08/09/2023 per docket. |
| Jacqueline Middleton | Stoel Rives LLP, Seattle, WA | Notice of appearance May 2023 (Dkt. 6); terminated 2023. |
| Connor J. Hansen | Dorsey & Whitney LLP, Seattle, WA | Docket shows terminated 03/12/2024. |
| Erin C. Kolter | Dorsey & Whitney LLP, Seattle, WA | Terminated 2024. |
| Paul T. Meiklejohn and Robert James Michael Lee | Dorsey & Whitney LLP, Seattle, WA | Appear on the plaintiff-side parties entry. Unverified: I could not confirm from the retrieved text which specific plaintiff entity each Dorsey attorney represented (they may have represented a subset of the Momcozy entities, or Shenzhen TPH, whose interests later diverged — see caveat below). |
| Joshua A. Hartman | Merchant & Gould P.C., Alexandria, VA | Withdrew 08/26/2024 (Dkt. 133). Merchant & Gould is a well-known IP boutique. |
| Eric R. Chad | Merchant & Gould P.C., Minneapolis, MN | Admitted pro hac vice May 8, 2023 (Dkt. 8/12); withdrew 08/26/2024. |
| Qianwu Yang (杨乾武) | SHM Law Firm, Shenzhen, China | Admitted pro hac vice May 8, 2023 (Dkt. 10/14); withdrew 08/26/2024. Notably a PRC-based lawyer admitted pro hac vice in the U.S. case, reflecting the cross-border nature of the Momcozy entity web. |
| Xiaomin Cao | SHM Law Firm, Shenzhen, China | Admitted pro hac vice May 8, 2023 (Dkt. 11/15); withdrew 08/26/2024. |
The Aug. 26, 2024 withdrawal notice (Dkt. 133) is the cleanest single source for the transition: it states that SHM Law Firm and Merchant & Gould represented all Plaintiffs and Counterclaim Defendants, and that Arete and Fish & Richardson remained.
Parallel PTAB counsel (same client, different forum)
For context on the plaintiffs' overall patent-litigation team: Fish & Richardson also represented plaintiff Shenzhen Root Technology Co., Ltd. as Petitioner in the parallel IPRs against Elvie's patents — e.g., IPR2024-00953 (U.S. Pat. 11,413,380) and a related petition, IPR2024-01296. That PTAB team's lead counsel was Michael T. Hawkins (Reg. No. 57,867), with Craig A. Deutsch, Terry Stalford, Yong Peng, and Ryan Chowdhury as back-up (Fish & Richardson, Minneapolis/Washington D.C.). These are distinct from the district-court team, but they are the same client and the same firm, so worth noting for the fuller picture. (Source: Petitioner's Updated Mandatory Notices filed Aug. 27, 2024, ptacts.uspto.gov.)
Things I could not verify — flagged, not filled in
- Davis Wright Tremaine (Seattle, 920 Fifth Ave.) appears on one aggregated parties listing in connection with the case. I could not confirm from the retrieved docket text which party that appearance was for (it may relate to Shenzhen TPH Technology Co., Ltd., which was a counterclaim/cross-claim party rather than a purely aligned plaintiff — the docket reflects TPH's own cross-claims and a stipulated extension of the plaintiffs' deadline to respond to them, Dkt. 146/154). I am not asserting a Davis Wright Tremaine attorney as plaintiff counsel without confirmation.
- Dorsey & Whitney's specific client among the plaintiff entities (see above) is unverified.
- Individual bios for the Fish & Richardson district-court team (Del Dotto, Colvin, Bruce) — I confirmed their firm, offices,
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Sterne, Kessler, Goldstein & Fox
- Josephine Kim · lead counsel
- Nirav N. Desai · lead counsel
- Alexander Alfano · lead counsel
- Zachary L. Jacobs · lead counsel
- Alexander Covington · lead counsel
- Joseph Kim · lead counsel
- Christopher Coleman · lead counsel
- Paige Cloud · lead counsel
- Michael Webb · lead counsel
- Nicholas J. Nowak · lead counsel
- Richa Patel · former counsel (withdrawn)
- Lowe Graham Jones
- Mark P. Walters · local counsel
- Mitchell D. West · local counsel
I'll research the defense counsel of record for Chiaro Technology Ltd. d/b/a Elvie in this case.
Good initial data. Now let me verify the specific defendant-side counsel and distinguish this case from the parallel EDTX case involving Chiaro/Elvie.
Counsel of Record — Defendant Chiaro Technology, Ltd. d/b/a Elvie
The defendant in this case (Chiaro Technology Ltd., the UK femtech company behind the Elvie breast-pump brand) was represented throughout by a two-firm team: a Washington, D.C. patent boutique as lead/primary counsel, and a Seattle firm as local counsel. The roster below is drawn from the docket sheet in Shenzhen Root Technology Co. Ltd. v. Chiaro Technology Ltd., No. 2:23-cv-00631-KKE (W.D. Wash.) (CourtListener docket 67291241; WDWA civil docket reproduced in PTAB filings), and from signed stipulations/orders in that case (e.g., Dkt. 107, Dkt. 138).
Lead / primary counsel — Sterne, Kessler, Goldstein & Fox PLLC (Washington, D.C.)
All of these attorneys were admitted pro hac vice and are listed on the WDWA docket as "LEAD ATTORNEY." The firm was on the case from the outset, appearing in response to Momcozy's May 2023 TRO motion (Dkt. 23–28, 25–27).
| Attorney | Role | Notes |
|---|---|---|
| Josephine Kim | Lead counsel; principal case contact (Director) | Sterne Kessler, 1101 K St. NW, 10th Fl., Washington, D.C. Signed Elvie's filings and led the bulk of scheduling/discovery correspondence; her name/email (joskim@sternekessler.com) is the standard service contact on Elvie's papers. |
| Nirav N. Desai | Lead counsel | Sterne Kessler, Washington, D.C. Argued on Elvie's behalf at the discovery/WeChat hearing (Dkt. 111 transcript); a senior Sterne Kessler patent litigator. |
| Alex (Alexander) Alfano | Lead counsel | Sterne Kessler, Washington, D.C.; listed as LEAD ATTORNEY on the parties page. |
| Zachary L. Jacobs | Lead counsel | Sterne Kessler, Washington, D.C.; the signature block on several Elvie stipulations (e.g., Dkt. 107). |
| Alexander Covington | Lead counsel | Sterne Kessler, Washington, D.C. (admitted PHA Dec. 2023, Dkt. 91). |
| Joseph Kim | Lead counsel | Sterne Kessler, Washington, D.C. (admitted PHA Dec. 2023). |
| Christopher Coleman | Lead counsel | Sterne Kessler, Washington, D.C. (Dkt. 92). |
| Paige Cloud | Lead counsel | Sterne Kessler, Washington, D.C. |
| Michael Webb | Lead counsel | Sterne Kessler, Washington, D.C. |
| Nicholas J. Nowak | Lead counsel | Sterne Kessler, Washington, D.C. (pro hac vice). |
| Richa Patel | Former counsel — withdrawn | Sterne Kessler, Washington, D.C.; terminated on the docket Aug. 28, 2024 (unopposed motion to withdraw, Dkt. 83). |
Local counsel — Lowe Graham Jones PLLC (Seattle, WA)
| Attorney | Role | Notes |
|---|---|---|
| Mark P. Walters (WSBA No. 30819) | Local counsel (signed all local filings); registered patent attorney | 1325 Fourth Ave., Suite 1130, Seattle, WA 98101. First appeared May 10, 2023 (Dkt. 23). Registered patent attorney (Reg. No. 46,050) with a substantial W.D. Wash. patent docket — e.g., representing defendants in Malikie Innovations Ltd. v. Nintendo Co. Ltd., 2:24-cv-01490 (W.D. Wash.), and International Mezzo Technologies v. Airborne ECS, 2:24-cv-01368, and petitioner's counsel in Yita LLC v. MacNeil IP (IPR2020-01139). |
| Mitchell D. West (WSBA No. 53103) | Local counsel | Same firm/address; co-signed Elvie's stipulations and orders (e.g., Dkt. 107, Dkt. 138). |
No in-house counsel for Chiaro/Elvie appears on the docket in this matter, and I found no separate firm appearing for Elvie here.
Important distinction — do not confuse with the parallel litigation
Elvie's other patent suits involve a different defense team. In the Eastern District of Texas action involving Chiaro/Elvie (e.g., Willow Innovations, Inc. v. Chiaro Technology, Ltd., EDTX, Judge Rodney Gilstrap/Roy S. Payne), the Elvie-side counsel includes Melissa Richards Smith, Andrew (Tom) Gorham, Donald Banowit, and Kyle Conklin — those appearances (Dkt. nos. around 71–106, Markman before Judge Payne, 2024) are in the Texas case, not in 2:23-cv-00631-KKE, and should not be attributed to this W.D. Wash. matter.
Context affecting the representation
- Chiaro Technology Ltd. entered UK administration (the UK analogue of bankruptcy) on March 28, 2025, and sold substantially all of its business and assets — including the asserted patents — to Willow Blossom Holdco Limited, while retaining claims to the ongoing U.S. litigation (see Sterne Kessler's "Patent Owner's Updated Mandatory Notices," IPR2024-01296, Apr. 22, 2025). This drove the stay in this case.
- The case was ultimately resolved by a consent judgment of non-infringement and dismissal with prejudice of Elvie's counterclaims, with the case terminated Jan. 5, 2026. I could not, within this research pass, pull the signature block of the final consent judgment to confirm the specific attorneys who signed it; the names above are those of record on the docket.
Sourcing caveats: Party/counsel data are from the CourtListener docket (docket 67291241) and the WDWA docket sheet reproduced in PTAB filings (ptacts.uspto.gov), plus signed orders/stipulations at Dkt. 107 (Mar. 18, 2024) and Dkt. 138 (Jan. 10, 2025), and the withdrawal notice at Dkt. 133 (Aug. 26, 2024). I did not independently verify each individual pro hac vice admission order, and some filings in the case were sealed — if you need the exact bar-admission dates or the final judgment signatories, those should be confirmed against PACER.