On August 19, 2026, Incuvate, LLC filed Incuvate, LLC v. Penumbra, Inc., No. 4:26-cv-08658, in the Northern District of California. Its complaint alleges that Penumbra's THUNDERBOLT computer assisted vacuum thrombectomy platform infringes five patents. The complaint lists Bird Marella attorneys Ekwan Rhow, Timothy Yoo, and Richard Jung as counsel; Yoo signed it. The allegations have not been adjudicated in the document summarized here.

The accused system

The complaint describes aspiration-monitoring systems that use pressure sensors, processors, and stored pressure thresholds or differentials to provide feedback during catheter-based clot-removal procedures. It accuses the Penumbra ENGINE, THUNDERBOLT tubing and module, and RED Reperfusion Catheters, including RED 62, RED 68, RED 72, RED 72 Silver Label, and RED 72 Silver Label with SENDit. It also cites Penumbra's U.S. Patent 12,667,376, issued June 30, 2026, in describing its infringement theory. These descriptions come from the complaint, not a claim construction or infringement finding.

The five patents

The complaint identifies a continuation chain tracing to provisional application 61/976,975, filed April 8, 2014. It asserts U.S. Patents 9,248,221 (issued February 2, 2016; exemplary claim 5), 9,895,473 (February 20, 2018; claim 1), 10,603,415 (March 31, 2020; claim 1), 11,678,896 (June 20, 2023; claim 1), and 12,539,127 (February 3, 2026; claim 11). Each is titled Aspiration monitoring system and method. The pleading alleges induced infringement of the method claim in the '415 count and alleges willfulness across the five counts.

The venue allegations

Paragraph 10 identifies Penumbra as a Delaware corporation headquartered in Alameda, California. Paragraph 13 alleges acts of infringement and a regular and established place of business in the Northern District of California. That is the second route under 28 U.S.C. 1400(b). TC Heartland LLC v. Kraft Foods Group Brands LLC holds that a domestic corporation resides in its state of incorporation for the first route. A headquarters address alone does not make patent venue unchallengeable, and this complaint contains allegations rather than a venue ruling.

Notice and requested relief

The complaint alleges an NDA meeting in May 2016, a May 28, 2026 notice letter, and an August 7 supplemental letter identifying THUNDERBOLT. It cites Penumbra's June 11, 2026 clearance announcement. The prayer requests damages, including lost profits or a reasonable royalty, enhanced damages, a permanent injunction or ongoing royalty, fees, and a jury trial. The complaint does not request a preliminary injunction.

Scope of this summary

This page summarizes ECF No. 1, filed August 19, 2026. It does not report a later response, venue decision, Patent Office petition, or merits ruling. The complaint establishes what Incuvate alleges and seeks; it does not establish infringement, validity, willfulness, or entitlement to an injunction.