The complaint
The case is CAO Group, Inc. v. HISMILE PTY LTD., No. 1:26-cv-11795 (N.D. Ill., Eastern Division), filed September 25, 2026, ECF No. 1 (17 pages), with a jury demand. The docket shows the case randomly assigned to Judge Joan H. Lefkow, who set an initial status hearing for December 2, 2026 (ECF No. 5).
What the patent covers
U.S. Patent 11,826,444, titled Peroxide Gel Compositions, issued November 28, 2023, and names CAO Group as assignee. The complaint says the patent claims priority to an application filed February 8, 2006, and expired on or about February 8, 2026. Claim 1 covers a dental whitening device with a flexible, planar backing strip with two flat sides and a gelatinous, non-coalescent, visco-elastic dental composition on one side. The composition contains a tooth whitening agent, a solvent, and a thickening agent selected from polyethyloxazoline and polyvinylpyrrolidone (PVP), and both the composition and the strip flex and conform to the user's dental arch without cracking or breaking. (U.S. Patent 11,826,444 claim 1; Compl. paras. 8, 9, 21.)
What the lawsuit alleges
CAO alleges it owned the '444 Patent during its term and that HISMILE, an Australian company, sold the accused products, including PAP+ Strips, in the United States through its Amazon.com storefront, its website, and retail channels during that term. Count I alleges infringement of at least claims 1, 3, and 5, with a claim chart for claim 1 attached as Exhibit B, and alleges that the infringement was willful. It alleges, on information and belief, that the accused products' formulation did not change during the patent term. CAO asks for damages for the term, enhanced damages, and attorneys' fees. (Compl. paras. 7, 30 to 63; prayer.)
What to watch next
Watch for HISMILE's appearance and response after service, and for any joint proposed scheduling order or joint status report, which the court invited by November 30, 2026, ahead of the December 2, 2026 status hearing.