The complaint

The case is Faunus IP Holdings LLC v. Cochlear Limited and Cochlear Americas, No. 1:26-cv-05508 (D. Colo.), a 15-page original complaint for patent infringement filed October 26, 2026, Document 1. The plaintiff is Faunus IP Holdings LLC, a Texas limited liability company the complaint places in Plano, Texas. The defendants are Cochlear Limited, an Australian company, and Cochlear Americas, a Delaware corporation and wholly owned U.S. subsidiary with a principal place of business in Centennial, Colorado. The complaint demands a jury.

Jurisdiction and venue

The complaint pleads subject matter jurisdiction under 28 U.S.C. 1331 and 1338(a). It alleges personal jurisdiction from Colorado sales and marketing of the accused products. Venue is pleaded under 28 U.S.C. 1391 and 1400(b) as to Cochlear Limited as a foreign corporation and under section 1400(b) as to Cochlear Americas based on, on information and belief, an established place of business in the district.

The patents and claims

The complaint asserts four Patents-in-Suit and alleges Faunus owns all right, title, and interest in each, including the right to sue and recover for past infringement. USPTO assignment records show that Bitwave Private Limited of Singapore, the original assignee of all four patents, assigned them to Faunus IP Holdings LLC by an assignment executed July 22, 2025, and recorded August 11, 2025, at reel 71982, frame 0176. Exemplary charts in Exhibits 5 to 8 address claim 1 of each patent against the Cochlear Nucleus 8 Nexa.

U.S. Patent 9,172,345, Personalized adjustment of an audio device, issued October 27, 2015. Claim 1 covers a device with memory storing tuning data from a user-identity tuning process trained to a defined hearing level using audio frequency and level controls, plus other tuning data from predetermined tuning values not associated with that user identity, and a processor that selects an audio signal from a plurality of audio signals based on speech data, repeatedly monitors environmental noise level, and, when noise is above a threshold, adjusts the selected audio signal according to filter bands associated with a digital transformation based on the tuning data.

U.S. Patent 9,711,127, Multi-sensor signal optimization for speech communication, issued July 18, 2017. Claim 1 covers a system with acoustic sensors that generate first and second sound information from different sensors, and an audio processing component that estimates respective wind-noise impacts on those sensors and generates output sound information based on those estimates, a spatial filter associated with the sensors, and a proportionally weighted combination of processes proportional to signal-to-noise ratios for the first sound information, the second sound information, and beamforming information computed using those sound signals and spatial information for a beam at a predetermined angle associated with the sensor positions.

U.S. Patent 9,871,496, Personalized adjustment of an audio device, issued January 16, 2018. Claim 1 covers a system with a selection component that selects an audio signal associated with speech data from a set of audio signals associated with a set of audio beams, and a noise suppression component that adjusts that selected signal based on a digital transformation employing first tuning data from a tuning process for a first user identity via a device user interface and second tuning data based on a defined tuning value associated with a different second user identity.

U.S. Patent 10,347,232, Multi-sensor signal optimization for speech communication, issued July 9, 2019. Claim 1 covers a system with acoustic sensors that generate respective sound information corresponding to respective microphones, and an audio processing component that generates filtered sound information based on that sound information and a spatial filter, then generates output sound information based on a determination of respective noise levels for the respective sound information and the filtered sound information.

The accused products

Across all four counts, the complaint identifies the Cochlear Nucleus 8 Nexa, among other substantially similar products, as the accused earbuds and hearing devices. It alleges, on information and belief, that Cochlear makes, uses, offers to sell, sells, and imports those products in the United States.

The infringement allegations

Counts I through IV each allege, on information and belief, direct infringement of claim 1 under 35 U.S.C. 271(a), literally or under the doctrine of equivalents, and induced infringement under 35 U.S.C. 271(b) based on providing products with specifications, manuals, and marketing materials, with knowledge alleged as of filing and service of the complaint. Counts I through III also allege infringement under 35 U.S.C. 271(g) for importing or selling products made by a patented process. The prayer seeks a willfulness finding.

The relief sought

The prayer asks for judgment on all counts; a judgment of direct and indirect infringement, literally and/or under the doctrine of equivalents; a willfulness finding; preliminary and permanent injunctions; compensatory damages of at least a reasonable royalty trebled under 35 U.S.C. 284; attorneys' fees under 35 U.S.C. 285; costs; pre- and post-judgment interest; and other relief.

What to watch next

Watch for service returns and Cochlear's answer or Rule 12 motion.