Shenzhenshi Leiming vs. Novoluto: Voluntary Dismissal in Adult Device Patent Case
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📋 Case Summary
| Case Name | Shenzhenshi Leiming Shangmaozhongxin v. Novoluto GmbH |
| Case Number | 1:24-cv-01059 (D. Del.) |
| Court | U.S. District Court for the District of Delaware |
| Duration | Sep 2024 – Jul 2025 10 months |
| Outcome | Case Dismissed – Voluntary Dismissal Without Prejudice |
| Patents at Issue | |
| Accused Products | QUZAR 3 IN 1 Thrusting Dildo Vibrator (ASIN: B0BNHW2VMV) |
Case Overview
The Parties
⚖️ Plaintiff
Shenzhen-based Chinese commercial trading entity, operating as a product manufacturer or Amazon marketplace seller facing patent assertion pressure from Novoluto GmbH.
🛡️ Defendant
German company focused on intimate health and stimulation technology, holding a portfolio of patents and actively enforcing IP in U.S. markets.
The Patent at Issue
This landmark case involved U.S. Patent No. US9763851B2, relating to stimulation device technology — broadly covering mechanisms used in personal wellness and adult consumer products. Novoluto’s patent portfolio in this space has been the subject of multiple enforcement actions.
- • US9763851B2 — Stimulation device technology
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Litigation Timeline & Legal Analysis
Outcome
On July 18, 2025, Plaintiff Shenzhenshi Leiming Shangmaozhongxin filed a Notice of Voluntary Dismissal Without Prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). All claims asserted in the action were dismissed. Because the dismissal is without prejudice, Shenzhenshi Leiming retains the legal right to refile the same or substantially similar claims in the future. No damages were awarded, and no injunctive relief was granted or denied. The case terminated on procedural grounds, not on the merits.
Verdict Cause Analysis: The Declaratory Judgment Posture
This case was structured as a declaratory judgment (DJ) action — meaning Shenzhenshi Leiming, as a product seller facing potential or actual patent infringement threats from Novoluto, proactively filed suit seeking a court declaration that it did not infringe US9763851B2 and/or that the patent was invalid. DJ actions are a well-established defensive litigation tool used by accused infringers to seize venue advantage and force resolution of patent disputes on their preferred terms.
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⚠️ Freedom to Operate (FTO) Analysis
This case highlights critical IP risks in the personal wellness and adult device sector. Choose your next step:
📋 Understand This Case’s Procedural Impact
Learn about the specific procedural risks and implications from this litigation.
- Review Novoluto’s patent enforcement strategy
- See which companies are most active in personal wellness patents
- Understand declaratory judgment action patterns
🔍 Assess My Product’s FTO Risk
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- AI identifies potentially blocking patents (e.g., US9763851B2)
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High Risk Area
Stimulation device technology
1 Key Patent at Issue
US9763851B2 for analysis
Strategic DJ Dismissal
Offers procedural insights
✅ Key Takeaways
For Patent Attorneys & Litigators
Rule 41(a)(1)(A)(i) voluntary dismissal before defendant’s answer remains a clean, no-prejudice exit from strategically misaligned DJ actions.
Search related procedural rules →Non-appearance by a patent holder defendant does not constitute default or waiver of patent rights.
Explore legal precedents →Delaware remains a favored venue for international patent disputes, but venue selection must account for defendant responsiveness.
Analyze venue strategies →For IP Professionals
Monitor Novoluto GmbH’s U.S. patent portfolio — active enforcement signals licensing opportunity or FTO risk depending on your position.
View Novoluto’s portfolio →Amazon ASIN-level enforcement is now standard patent assertion practice in consumer goods categories.
Analyze Amazon IP policies →For R&D & Product Teams
The involvement of an Amazon ASIN underscores that e-commerce product listings are increasingly patent assertion targets.
Start FTO analysis for my product →Conduct FTO analysis against stimulation device and personal wellness patent portfolios before listing on U.S. marketplace platforms.
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