DCT

2:23-cv-02371

Champion Power Equipment Inc v. Firman Power Equipment Inc

Log In

I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:23-cv-02371, D. Ariz., 03/29/2024
  • Venue Allegations: Venue is asserted on the basis that Defendant is an Arizona corporation residing in the district and has committed the alleged acts of infringement within the district, including sales, offers for sale, and customer support.
  • Core Dispute: Plaintiff alleges that Defendant’s extensive line of dual-fuel and multi-fuel portable generators infringes thirteen patents related to fuel selection switches, lockout safety mechanisms, and fuel delivery systems for internal combustion engines.
  • Technical Context: The technology at issue addresses safety and performance in multi-fuel portable power generators, a market segment where the ability to switch between gasoline and gaseous fuels like propane is a key feature.
  • Key Procedural History: The complaint alleges that Defendant hired a former Champion Vice President of Sales in 2015 who possessed "intimate and confidential knowledge" of Plaintiff's proprietary technology and subsequently disclosed it to Defendant. The complaint also notes that Plaintiff sent cease and desist demands, which it alleges Defendant ignored. These allegations form the basis for a claim of willful infringement.

Case Timeline

Date Event
2013-11-01 Earliest Priority Date for ’101, ’667, ’390, ’896 Patents
2014-12-12 Key Employee Greg Montgomery departs from Champion
2015-01-01 Firman hires Greg Montgomery as its President (approximate date)
2015-06-12 Earliest Priority Date for ’780, ’034, ’120, ’985, ’654, ’970, ’895 Patents
2015-10-28 Earliest Priority Date for ’398, ’145 Patents
2016-01-01 Firman allegedly changes its product color scheme to mimic Champion's (approximate date)
2019-03-05 U.S. Patent No. 10,221,780 Issues
2019-08-27 U.S. Patent No. 10,393,034 Issues
2019-09-06 Champion sends Firman a cease and desist letter
2020-03-24 U.S. Patent No. 10,598,101 Issues
2020-06-30 U.S. Patent No. 10,697,398 Issues
2021-10-12 U.S. Patent No. 11,143,120 Issues
2021-10-12 U.S. Patent No. 11,143,145 Issues
2022-04-19 U.S. Patent No. 11,306,667 Issues
2022-11-08 U.S. Patent No. 11,492,985 Issues
2022-12-20 U.S. Patent No. 11,530,654 Issues
2023-09-19 U.S. Patent No. 11,761,390 Issues
2023-12-12 U.S. Patent No. 11,840,970 Issues
2024-02-20 U.S. Patent No. 11,905,895 Issues
2024-02-20 U.S. Patent No. 11,905,896 Issues
2024-03-29 Complaint Filing Date

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 10,221,780 - DUAL FUEL LOCKOUT SWITCH FOR GENERATOR ENGINE

  • Patent Identification: U.S. Patent No. 10,221,780, titled “DUAL FUEL LOCKOUT SWITCH FOR GENERATOR ENGINE,” issued on March 5, 2019 (Compl. ¶16).

The Invention Explained

  • Problem Addressed: The patent background describes the technical problem in dual-fuel engines where simultaneously engaging both a liquid and a gaseous fuel source, particularly during fuel switching, can create an "overly rich air-fuel ratio" that makes the engine "hard to start or lead to unstable operating conditions" (’780 Patent, col. 1:49-56).
  • The Patented Solution: The invention is a mechanical fuel lockout switch designed to physically prevent simultaneous fuel delivery (’780 Patent, col. 2:6-20). It uses a mechanical fuel valve coupled to a "fuel lockout apparatus." When the valve is moved to a first position to select one fuel source, the lockout apparatus physically blocks the connection point for the second fuel source, and vice-versa, ensuring only one fuel can be delivered to the engine at a time (’780 Patent, Abstract). Figure 2 of the patent illustrates the switch in the first position, where a cover (61) physically blocks the inlet (59) for the second fuel source (’780 Patent, col. 6:13-19).
  • Technical Importance: The invention provides a purely mechanical safety interlock, which may be more reliable and cost-effective for rugged portable equipment than an electronic solution.

Key Claims at a Glance

  • The complaint asserts independent claims 1, 8, and 15 (Compl. ¶¶19, 21).
  • Independent Claim 1 includes the following essential elements:
    • A mechanical fuel valve actuateable between a first and second position to selectively control fuel flow from a first fuel source and a second fuel source.
    • A fuel lockout apparatus coupled to the mechanical fuel valve.
    • Wherein the switch communicates the first fuel source to the engine and prevents communication from the second fuel source when the valve is in the first position.
    • Wherein the switch communicates the second fuel source and interrupts the first when the valve is in the second position.
    • Wherein the fuel lockout apparatus is configured to prevent the second fuel source from coupling to its fuel line when the valve is in the first position, and to permit said coupling when the valve is in the second position.
  • The complaint reserves the right to assert dependent claims (Compl. ¶¶19, 21).

U.S. Patent No. 10,393,034 - FUEL SYSTEM FOR A MULTI-FUEL INTERNAL COMBUSTION ENGINE

  • Patent Identification: U.S. Patent No. 10,393,034, titled “FUEL SYSTEM FOR A MULTI-FUEL INTERNAL COMBUSTION ENGINE,” issued on August 27, 2019 (Compl. ¶29).

The Invention Explained

  • Problem Addressed: The patent addresses the problem that occurs when switching from a liquid to a gaseous fuel: the carburetor’s float bowl still contains liquid fuel, which continues to be drawn into the engine even after the liquid fuel source is cut off, causing an "overly rich fuel mixture" (’034 Patent, col. 1:63-col. 2:2).
  • The Patented Solution: The invention provides a fuel system with distinct cutoff solenoids for the liquid and gaseous fuel paths, controlled by a switch (’034 Patent, Abstract). The key component is a "liquid cutoff solenoid" positioned to control the liquid fuel path "downstream from the float bowl." This allows the system to immediately stop the flow of residual liquid fuel from the bowl to the engine's intake upon switching, preventing the overly rich condition (’034 Patent, col. 2:19-24). The schematic in Figure 2 illustrates the arrangement of the liquid cutoff solenoid (94) relative to the float bowl (88) and the engine (’034 Patent, Fig. 2).
  • Technical Importance: This system enables smoother "on-the-fly" fuel switching by actively managing the residual liquid fuel in the carburetor, which may improve engine stability and reduce emissions during transition.

Key Claims at a Glance

  • The complaint asserts independent claims 1, 11, and 18 (Compl. ¶¶32, 34, 36, 38).
  • Independent Claim 1 includes the following essential elements:
    • A multi-fuel engine operable on a liquid fuel and a gaseous fuel.
    • A carburetor attached to the engine's intake, comprising a float bowl.
    • A liquid cutoff solenoid coupled to the carburetor to open and close a liquid fuel path to the engine downstream from the float bowl.
    • A gaseous cutoff coupled to open and close a gaseous fuel source to the engine.
    • A switch selectively coupling a power source to the liquid cutoff solenoid.
  • The complaint reserves the right to assert dependent claims (Compl. ¶¶32, 34, 36, 38).

U.S. Patent No. 10,598,101 - DUAL FUEL SELECTOR SWITCH

  • Patent Identification: U.S. Patent No. 10,598,101, titled “DUAL FUEL SELECTOR SWITCH,” issued on March 24, 2020 (Compl. ¶43).
  • Technology Synopsis: This patent describes a fuel selector with a valve assembly and a selector switch. The switch can be moved between a first and second fuel mode. In one mode, a solenoid switch and a fuel solenoid are closed; in the other, they are open, enabling selection between two fuel flows (’101 Patent, Abstract).
  • Asserted Claims: Independent claims 17 and 18 are asserted (Compl. ¶¶48, 52).
  • Accused Features: The complaint alleges that Firman dual-fuel generators include a fuel selector with a valve assembly, a selector switch with different modes, and solenoids that operate as claimed to control fuel flow (Compl. ¶¶48.a, 48.b).

U.S. Patent No. 10,697,398 - BATTERYLESS DUAL FUEL ENGINE WITH LIQUID FUEL CUT-OFF

  • Patent Identification: U.S. Patent No. 10,697,398, titled “BATTERYLESS DUAL FUEL ENGINE WITH LIQUID FUEL CUT-OFF,” issued on June 30, 2020 (Compl. ¶57).
  • Technology Synopsis: This patent discloses a dual fuel engine that does not require a battery. It features a liquid fuel cut-off incorporated into the carburetor that interrupts liquid fuel flow when a switch is actuated to change from liquid to gaseous fuel. The system can be powered by an electrical generator on a pull-start engine (’398 Patent, Abstract; col. 2:11-23).
  • Asserted Claims: Independent claims 1 and 57 are asserted (Compl. ¶¶60, 62, 64, 66).
  • Accused Features: The complaint accuses Firman generators of having a dual fuel engine with a switch, a carburetor, separate fuel valves, and a liquid fuel cut-off integrated into the carburetor to interrupt liquid fuel flow upon switching (Compl. ¶¶60.a, 60.i).

U.S. Patent No. 11,143,120 - FUEL SYSTEM FOR A MULTI-FUEL INTERNAL COMBUSTION ENGINE

  • Patent Identification: U.S. Patent No. 11,143,120, titled “FUEL SYSTEM FOR A MULTI-FUEL INTERNAL COMBUSTION ENGINE,” issued on October 12, 2021 (Compl. ¶71).
  • Technology Synopsis: This patent describes a multi-fuel generator system with an off-board fuel regulator for gaseous fuel. The system includes an electro-mechanical valve system powered by the alternator, battery, or magneto to control fuel flow from both liquid and pressurized gaseous sources, and is configured to prevent simultaneous delivery (’120 Patent, Abstract).
  • Asserted Claims: Independent claim 12 is asserted (Compl. ¶¶74, 76).
  • Accused Features: The complaint alleges Firman generators include a multi-fuel engine, an alternator, an off-board fuel regulator system, and an electro-mechanical valve system to control fuel flow from different sources (Compl. ¶74.a).

U.S. Patent No. 11,143,145 - BATTERYLESS DUAL FUEL ENGINE WITH LIQUID FUEL CUT-OFF

  • Patent Identification: U.S. Patent No. 11,143,145, titled “BATTERYLESS DUAL FUEL ENGINE WITH LIQUID FUEL CUT-OFF,” issued on October 12, 2021 (Compl. ¶81).
  • Technology Synopsis: This patent covers a batteryless dual-fuel generator powered by a charging coil. A switch changes operation between fuel types, and a voltage regulator coupled to the charging coil provides regulated voltage to a liquid fuel cut-off solenoid to interrupt liquid fuel flow when switching to gaseous fuel (’145 Patent, Abstract).
  • Asserted Claims: Independent claim 1 is asserted (Compl. ¶¶84, 86, 88, 90).
  • Accused Features: The accused generators allegedly include a dual fuel engine, a power generator with a charging coil, a switch, a carburetor, a liquid fuel cut-off solenoid, and a voltage regulator coupled to the charging coil to power the solenoid (Compl. ¶84.a).

U.S. Patent No. 11,306,667 - DUAL FUEL SELECTOR SWITCH

  • Patent Identification: U.S. Patent No. 11,306,667, titled “DUAL FUEL SELECTOR SWITCH,” issued on April 19, 2022 (Compl. ¶95).
  • Technology Synopsis: This patent describes a fuel selector for a dual fuel generator where a selector switch is linearly translatable between positions. This movement ensures that only one of two fuel valve assemblies can be in the "ON" position at any given time, preventing concurrent fuel flow (’667 Patent, Abstract).
  • Asserted Claims: Independent claims 1 and 10 are asserted (Compl. ¶¶98, 100, 102, 104).
  • Accused Features: The complaint alleges the accused generators have a fuel selector with a valve assembly and a selector switch positioned on it that allows a user to manually select one of two fuel flows while preventing the other (Compl. ¶¶98.a, 100.g).

U.S. Patent No. 11,492,985 - OFF-BOARD FUEL REGULATOR FOR GENERATOR ENGINE

  • Patent Identification: U.S. Patent No. 11,492,985, titled “OFF-BOARD FUEL REGULATOR FOR GENERATOR ENGINE,” issued on November 8, 2022 (Compl. ¶109).
  • Technology Synopsis: This invention relates to a generator with an off-board fuel delivery system for gaseous fuel. The system uses a two-stage regulator, located separately from the generator, to step down the pressure from a pressurized fuel source for delivery to the engine (’985 Patent, Abstract).
  • Asserted Claims: Independent claims 1, 11, and 16 are asserted (Compl. ¶¶112, 114).
  • Accused Features: Accused generators allegedly operate with an off-board, two-stage fuel regulator system that regulates gaseous fuel from a pressurized source for delivery to the generator engine (Compl. ¶¶112.a, 112.f, 112.i).

U.S. Patent No. 11,530,654 - OFF-BOARD FUEL REGULATOR FOR GENERATOR ENGINE

  • Patent Identification: U.S. Patent No. 11,530,654, titled “OFF-BOARD FUEL REGULATOR FOR GENERATOR ENGINE,” issued on December 20, 2022 (Compl. ¶119).
  • Technology Synopsis: This patent also describes a dual fuel generator with an off-board fuel regulator system. It adds a mechanical fuel valve and a fuel lockout apparatus to the system to control flow from both a liquid source and the regulated gaseous source from the off-board regulator (’654 Patent, Abstract).
  • Asserted Claims: Independent claims 1, 6, and 10 are asserted (Compl. ¶¶122, 124).
  • Accused Features: The accused products are alleged to be dual fuel generators that use an off-board fuel regulator along with a mechanical fuel valve and lockout apparatus to control the two fuel sources (Compl. ¶¶122.a, 122.c, 122.e).

U.S. Patent No. 11,761,390 - DUAL FUEL SELECTOR SWITCH

  • Patent Identification: U.S. Patent No. 11,761,390, titled “DUAL FUEL SELECTOR SWITCH,” issued on September 19, 2023 (Compl. ¶129).
  • Technology Synopsis: This patent describes a selector switch with distinct first and second fuel modes. The switch controls a fuel solenoid and a solenoid switch. The state of these components (open or closed) is determined by which fuel mode the selector switch is in, enabling selection of one fuel flow (’390 Patent, Abstract).
  • Asserted Claims: Independent claim 1 is asserted (Compl. ¶¶132, 134).
  • Accused Features: The accused generators allegedly include a selector switch with distinct fuel modes that control a fuel solenoid and a solenoid switch to enable fuel selection as claimed (Compl. ¶132.a).

U.S. Patent No. 11,840,970 - DUAL FUEL GENERATOR WITH REMOTE REGULATOR

  • Patent Identification: U.S. Patent No. 11,840,970, titled “DUAL FUEL GENERATOR WITH REMOTE REGULATOR,” issued on December 12, 2023 (Compl. ¶139).
  • Technology Synopsis: This patent covers a dual-fuel generator that is explicitly "free from any gaseous fuel pressure regulator" itself, and is designed to work with a remote/off-board regulator. It includes a mechanical fuel valve to select between the liquid source and the gaseous source coming from the remote regulator (’970 Patent, Abstract).
  • Asserted Claims: Independent claims 1, 12, 20, and 44 are asserted (Compl. ¶¶142, 144).
  • Accused Features: The complaint alleges the accused products are dual fuel generators that operate with an off-board fuel regulator system and include a mechanical fuel valve for selecting between the liquid and gaseous fuel sources (Compl. ¶142.a, 142.f, 142.j, 142.r).

U.S. Patent No. 11,905,895 - DUAL FUEL LOCKOUT SWITCH FOR GENERATOR ENGINE

  • Patent Identification: U.S. Patent No. 11,905,895, titled “DUAL FUEL LOCKOUT SWITCH FOR GENERATOR ENGINE,” issued on February 20, 2024 (Compl. ¶149).
  • Technology Synopsis: This patent describes a mechanical fuel lockout switch where the fuel valve itself is configured to prevent communication from the non-selected fuel source. A lockout apparatus is coupled to the valve to prevent the second fuel source from being physically coupled while the first is in use (’895 Patent, Abstract).
  • Asserted Claims: Independent claims 1, 8, and 14 are asserted (Compl. ¶¶152, 154).
  • Accused Features: The accused generators allegedly include a mechanical fuel lockout switch and valve that prevents simultaneous communication from two fuel sources, along with a lockout apparatus that prevents coupling of the non-selected fuel line (Compl. ¶¶152.a, 152.d, 152.f).

U.S. Patent No. 11,905,896 - DUAL FUEL SELECTOR SWITCH

  • Patent Identification: U.S. Patent No. 11,905,896, titled “DUAL FUEL SELECTOR SWITCH,” issued on February 20, 2024 (Compl. ¶159).
  • Technology Synopsis: This patent describes a fuel selector with a linearly translatable selector switch that slides over valve handles. The switch's physical position ensures only one of two fuel valve assemblies can be in the "ON" position at a time. It also includes an embodiment with solenoids for electronic control (’896 Patent, Abstract).
  • Asserted Claims: Independent claims 21 and 30 are asserted (Compl. ¶¶162, 164, 166, 168).
  • Accused Features: The complaint alleges the accused generators have a fuel selector with a valve assembly and selector switch that allows manual selection of fuel flow, as well as a selector switch with different fuel modes controlling solenoids (Compl. ¶¶162.a, 164.a).

III. The Accused Instrumentality

Product Identification

The accused instrumentalities are numerous models of dual-fuel and tri-fuel portable generators that Defendant Firman makes, uses, sells, or imports in the United States (Compl. ¶¶18, 31, 45, 59, 73, 83, 97, 111, 121, 131, 141, 151, 161). The complaint identifies dozens of specific models, including both new and refurbished units (e.g., Models H03651, T07571, WH03242, T07571F, WH02942F) (Compl. ¶¶18, 20, 31, 33, etc.).

Functionality and Market Context

The accused products are portable power generators powered by internal combustion engines designed to operate on multiple fuel types, including liquid fuels (gasoline) and gaseous fuels (LPG) (Compl. ¶18.a-w). The accused functionality resides in the mechanical and electrical systems that allow a user to select a fuel source and deliver that fuel to the engine, including the switches, valves, solenoids, and safety interlocks that manage this process (Compl. ¶¶19, 32). The complaint alleges these products directly compete with Plaintiff's products (Compl. ¶3).

IV. Analysis of Infringement Allegations

U.S. Patent No. 10,221,780 Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
a mechanical fuel lockout switch for a dual fuel engine having a mechanical fuel valve actuateable between a first position and a second position to selectively control fuel flow to the dual fuel engine from a first fuel source... and a second fuel source... The accused generators include a mechanical fuel lockout switch with a mechanical fuel valve that can be moved between positions to control fuel flow from either a gasoline source or a gaseous fuel source. ¶19.a col. 5:30-36
and a fuel lockout apparatus coupled to the mechanical fuel valve The accused switch includes a fuel lockout apparatus that is coupled to the mechanical fuel valve. ¶19.a col. 5:57-58
wherein the mechanical fuel lockout switch communicates the first fuel source to the dual fuel engine and prevents communication between the second fuel source and the dual fuel engine when the mechanical fuel valve is in the first position When the accused valve is in its first position, it communicates the first fuel source (gasoline) to the engine and prevents communication from the second fuel source. ¶19.a col. 2:7-13
and communicates the second fuel source to the dual fuel engine and interrupts the first fuel source communication... when in the second position When the accused valve is in its second position, it communicates the second fuel source (gaseous fuel) to the engine and interrupts the first fuel source communication. ¶19.a col. 2:13-17
and wherein the fuel lockout apparatus is configured to prevent the second fuel source from coupling to the second fuel line while the mechanical fuel valve is in the first position The accused lockout apparatus prevents the second fuel source from being coupled to its fuel line when the valve is in the first position. ¶19.a col. 2:17-20
and permit the second fuel source to couple to the second fuel line while the mechanical fuel valve is in the second position The accused lockout apparatus permits the second fuel source to be coupled to its fuel line when the valve is in the second position. ¶19.a col. 2:20-23

U.S. Patent No. 10,393,034 Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
a multi-fuel engine having an engine operable on a liquid fuel and a gaseous fuel The accused generators have an engine that operates on both liquid (e.g., gasoline) and gaseous (e.g., LPG) fuels. ¶32.a col. 2:16-17
a carburetor attached to an intake of the engine to mix air and fuel... the carburetor comprising a float bowl The accused generators include a carburetor attached to the engine's intake, and the carburetor contains a float bowl. ¶32.a col. 1:63-65
a liquid cutoff solenoid coupled to the carburetor to open and close a liquid fuel path to the engine downstream from the float bowl The accused generators include a liquid cutoff solenoid connected to the carburetor that opens and closes a liquid fuel path to the engine at a point downstream from the float bowl. ¶32.a col. 2:19-22
a gaseous cutoff coupled to open and close a gaseous fuel source to the engine The accused generators include a gaseous cutoff mechanism that opens and closes the gaseous fuel source to the engine. ¶32.a col. 2:22-24
and a switch selectively coupling a power source to the liquid cutoff solenoid to open and close the liquid fuel path The accused generators have a switch that selectively connects a power source to the liquid cutoff solenoid to control its operation. ¶32.a col. 2:24-27
  • Identified Points of Contention:
    • Scope Questions: For the ’780 Patent, a central question may be whether the term "fuel lockout apparatus," as defined in the claims and specification, can be construed to read on the specific mechanism used in the accused generators. The dispute may turn on the precise meaning of functional terms like "prevents communication" and "prevent... coupling."
    • Technical Questions: For the ’034 Patent, a key technical question is whether the accused product's "liquid cutoff solenoid" performs the specific function of closing a fuel path "downstream from the float bowl" as required by the claim. The analysis will require evidence of the physical location and operational characteristics of the accused solenoid relative to the float bowl and engine intake.

V. Key Claim Terms for Construction

Patent: U.S. Patent No. 10,221,780

  • The Term: "fuel lockout apparatus" (Claim 1)
  • Context and Importance: This term defines the core safety feature of the invention. The outcome of the infringement analysis for this patent will largely depend on how broadly or narrowly this term is construed, as it dictates the specific function the accused device must perform to infringe.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The claim defines the apparatus functionally, as being "configured to prevent the second fuel source from coupling to the second fuel line" and to "permit" such coupling depending on the valve's position (’780 Patent, col. 12:17-23). This language focuses on the result rather than the specific structure.
    • Evidence for a Narrower Interpretation: The specification discloses a specific embodiment where the apparatus is a "fuel inlet cover 61, which may be a flange" that physically "rotates transversely across fuel inlet 59 and blocks access thereto" (’780 Patent, col. 6:25-31). A party may argue that the term should be limited to such a physical blocking cover as depicted in Figures 2 and 3.

Patent: U.S. Patent No. 10,393,034

  • The Term: "a liquid fuel path to the engine downstream from the float bowl" (Claim 1)
  • Context and Importance: This phrase is critical because the location of the fuel path controlled by the solenoid is the patent's proposed solution to the problem of residual fuel in the carburetor. Whether the accused device infringes will depend on the technical and legal definition of this spatial and functional relationship.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The plain language suggests any fuel path that is chronologically and physically after the float bowl on the way to the engine's combustion chamber.
    • Evidence for a Narrower Interpretation: Figure 4 of the patent illustrates a specific fuel path (152) and nozzle (154) located between the float bowl (88) and the engine's throttle (146), which a party might argue defines the required scope (’034 Patent, Fig. 4; col. 11:39-49). The interpretation may depend on whether the accused product's fuel cutoff mechanism operates on a functionally equivalent "downstream" path.

VI. Other Allegations

Indirect Infringement

The complaint does not plead separate counts for indirect infringement. However, it alleges that its infringement determinations were based in part on a "review of owner's manuals" (Compl. ¶¶19, 32, 46), which could provide a factual basis for a future claim of induced infringement.

Willful Infringement

The complaint makes extensive allegations supporting willfulness. It alleges pre-suit knowledge based on Defendant's hiring of Plaintiff's former Vice President of Sales, Mr. Montgomery, who allegedly had "actual knowledge of Champion's patents" and "disclosed the Champion IP to Firman" (Compl. ¶¶4, 8, 24). It further alleges that Defendant's conduct was "willful, deliberate, and with knowledge" based on this history and on Defendant's alleged continuation of infringing activity after receiving a cease and desist letter from Plaintiff on September 6, 2019 (Compl. ¶¶10, 23, 26).

VII. Analyst’s Conclusion: Key Questions for the Case

  • A central factual issue will be one of corporate conduct: can Champion produce evidence to substantiate its allegations that Firman's hiring of a former Champion executive led to the misappropriation and use of confidential technical information related to the patented inventions, thereby supporting the claims of willful infringement?
  • A key technical question will be one of mechanistic correspondence: across dozens of accused products and thirteen patents, the case will require a detailed, model-by-model comparison to determine if the specific mechanical interlocks, solenoid arrangements, and fuel path configurations in Firman's generators perform the exact functions required by the asserted claims, or if they represent non-infringing design alternatives.
  • A core legal issue will be one of definitional scope: can terms like "fuel lockout apparatus" (’780 Patent) and a fuel path "downstream from the float bowl" (’034 Patent) be construed broadly to cover the accused designs, or will intrinsic evidence limit their scope to the specific physical embodiments disclosed in the patent specifications?