DCT
2:18-cv-00626
Air Motion Tech LLC v. No Fade Coatings Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Air Motion Technologies, LLC (Connecticut)
- Defendant: NO-FADE COATINGS, INC. d/b/a ALLEGRO INDUSTRIES (California)
- Plaintiff’s Counsel: HANDAL & MOROFSKY, LLC
- Case Identification: 2:18-cv-00626, C.D. Cal., 01/24/2018
- Venue Allegations: Venue is alleged in the Central District of California based on Defendant allegedly transacting business and committing, inducing, or contributing to acts of patent infringement within the district.
- Core Dispute: Plaintiff alleges that Defendant’s industrial ventilation fans and related accessories infringe three patents related to portable exhaust fans designed for removing airborne hazardous materials.
- Technical Context: The technology concerns portable air filtration and ventilation systems used in industrial settings, such as removing paint overspray or dust from enclosed work areas.
- Key Procedural History: The complaint does not mention any prior litigation, Inter Partes Review (IPR) proceedings, or licensing history related to the patents-in-suit.
Case Timeline
| Date | Event |
|---|---|
| 2000-08-16 | Earliest Priority Date for ’190, ’491, and ’341 Patents |
| 2002-08-27 | U.S. Patent No. 6,440,190 Issues |
| 2003-07-29 | U.S. Patent No. 6,599,341 Issues |
| 2005-10-11 | U.S. Patent No. 6,953,491 Issues |
| 2018-01-24 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 6,440,190 - "Portable Exhaust Fan for Removing Airborne Hazardous Materials"
- Patent Identification: U.S. Patent No. 6,440,190, "Portable Exhaust Fan for Removing Airborne Hazardous Materials," issued August 27, 2002.
The Invention Explained
- Problem Addressed: The patent describes drawbacks of conventional exhaust fans used in environments with airborne contaminants like paint overspray. These drawbacks include the accumulation of materials on internal components (e.g., fan blades, motor), which impairs performance and requires difficult cleaning; the risk of igniting flammable airborne materials from exposure to electrical components; and the release of unfiltered, contaminated air into the surrounding environment (’190 Patent, col. 1:19-58).
- The Patented Solution: The invention is a portable exhaust fan designed to mitigate these issues. It features a housing with an inlet filter that captures airborne materials before they can reach and accumulate on the fan's internal components, particularly the blower unit. The design also isolates electrical components in a sealed box or conduit to prevent contact with potentially flammable airborne materials, thereby enhancing safety (’190 Patent, col. 2:32-65; Abstract).
- Technical Importance: This design approach aims to increase the operational life and safety of exhaust fans in hazardous industrial environments, reducing the need for frequent replacement and mitigating fire risks associated with flammable fumes or dust (’190 Patent, col. 2:10-23).
Key Claims at a Glance
- The complaint asserts independent Claim 1 (’190 Patent, Compl. ¶ 26).
- The essential elements of Claim 1 are:
- A housing with an inlet, a discharge, and an air passageway between them.
- A centrifugal blower unit with rotating blades located within the air passageway to move air through the housing.
- An inlet filter adjacent to the inlet opening, constructed to remove airborne materials that could interfere with the blower unit.
- The fan is adapted to be installed manually in an aperture (e.g., a window).
- The complaint does not explicitly reserve the right to assert additional claims, though this is common practice.
U.S. Patent No. 6,953,491 - "Exhaust Fan for Removing Airborne Materials"
- Patent Identification: U.S. Patent No. 6,953,491, "Exhaust Fan for Removing Airborne Materials," issued October 11, 2005.
The Invention Explained
- Problem Addressed: As a continuation of the application leading to the ’190 Patent, the ’491 Patent addresses the same technical problems of fan component contamination, ignition risks, and environmental discharge associated with conventional exhaust fans (’491 Patent, col. 1:21-57).
- The Patented Solution: The solution is also an exhaust fan that uses a filter to protect internal components. However, the claims of the ’491 Patent are broader than those of the ’190 Patent. The complaint notes that the invention does not require the blower to be a specific "centrifugal" type, nor does it require the fan to be "portable" (’491 Patent, Compl. ¶ 26). The focus remains on a removably secured inlet filter to protect the fan's operational components (’491 Patent, col. 2:44-56).
- Technical Importance: By claiming a blower unit more generally, this patent extends the core inventive concept of filtered, protected fan components to a wider range of fan technologies beyond just centrifugal models, potentially including axial fans (’491 Patent, Compl. ¶¶ 26, 31).
Key Claims at a Glance
- The complaint asserts independent Claim 1 of the ’491 Patent (’491 Patent, Compl. ¶¶ 32, 4).
- The essential elements of Claim 1 are:
- A housing with an inlet, a discharge, and an air passageway.
- A blower unit mounted within the housing to move air.
- An inlet filter removably secured over the inlet opening to remove airborne materials that may interfere with the fan's operation.
- The complaint does not explicitly reserve the right to assert additional claims.
Multi-Patent Capsule - U.S. Patent No. 6,599,341 - "Exhaust Fan for Removing Airborne Materials"
- Patent Identification: U.S. Patent No. 6,599,341, "Exhaust Fan for Removing Airborne Materials," issued July 29, 2003.
- Technology Synopsis: This patent is part of the same family as the ’190 and ’491 patents and addresses the same general problems. However, the complaint alleges its technology is distinct in that it "does not require the use of a filter" (Compl. ¶ 40). The infringement allegations focus instead on the fan being "constructed to function to prevent accumulation of airborne materials within the air passageway" (Compl. ¶ 47).
- Asserted Claims: The complaint asserts "one or more claims" of the ’341 Patent but does not identify them with specificity (Compl. ¶ 42).
- Accused Features: The complaint broadly accuses at least fifty-nine different Allegro exhaust fans of infringement, alleging they feature a housing with an air passageway, rotatable blades, and a construction that prevents material accumulation (Compl. ¶¶ 43-47).
III. The Accused Instrumentality
Product Identification
The accused instrumentalities are Defendant's air ventilation blowers, including "centrifugal exhaust fans" (e.g., product numbers 9508 and 9505) and "axial blower fans" (e.g., product number 9535-08) (Compl. ¶¶ 13, 15, 31, 32). The complaint also identifies Defendant's "Blower Filter Box" (product number 9500-34) as a key accessory for the infringement allegations (Compl. ¶ 17).
Functionality and Market Context
The accused products are described as devices for "ventilation and fume extraction" (Compl. ¶ 15). The complaint alleges that the fans feature 8-inch ports designed to work with the Blower Filter Box accessory, which is designed to filter "particulates and dust" from the air stream (Compl. ¶¶ 17, 30). The complaint includes an image of Defendant's Blower Filter Box, which it alleges is designed to filter airborne materials when attached to the accused blower products (Compl. ¶ 17, p. 5). A separate image shows Defendant's Centrifugal fan product 9505, highlighting its "compact design" and ports for ventilation (Compl. p. 6, ¶ 1). The complaint also provides an image of Defendant's axial exhaust fan product 9535-08, described as portable and designed to function with the Blower Filter Box (Compl. ¶ 32, p. 8). The complaint alleges Defendant sells at least fifty-nine different infringing exhaust fans throughout California and the United States (Compl. ¶ 43).
IV. Analysis of Infringement Allegations
U.S. Patent No. 6,440,190 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a housing having an inlet opening and a discharge opening and configured so as to define an air passageway... | Defendant's fans comprise a "housing," inlet and exhaust ports, and an air passageway. | ¶15 | col. 6:49-51 |
| a centrifugal blower unit mounted within said housing such that rotating blades of said blower unit are located within said air passageway... | Defendant's centrifugal exhaust fans contain rotating blades within the air passageway to draw air through the device. | ¶16 | col. 2:37-45 |
| an inlet filter located adjacent to said inlet opening such that the air drawing into said inlet opening travels through said inlet filter... | Defendant's fans are designed to work with the separate "Blower Filter Box" accessory, which attaches to the inlet port and functions as the claimed inlet filter. | ¶¶17-18 | col. 8:35-42 |
| wherein said exhaust fan is adapted to be installed manually in an aperture. | Defendant's fans are described as "portable." | ¶15 | col. 7:1-12 |
U.S. Patent No. 6,953,491 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a housing having an inlet opening, a discharge opening and an air passageway... | Defendant's axial and centrifugal fans have an enclosed housing with inlet and discharge ports creating an air passageway. | ¶¶30, 32 | col. 6:53-55 |
| a blower unit mounted within said housing to draw air into said inlet opening... | Defendant's fans contain rotating blades within the air passageway to draw air through the device. | ¶33 | col. 2:46-51 |
| an inlet filter removably secured over said inlet opening to remove... airborne materials... | Defendant's fans are designed to function with the separate, attachable Blower Filter Box, which provides an inlet filter. | ¶¶30, 32, 33 | col. 6:31-38 |
- Identified Points of Contention:
- Scope Questions: A primary question for both the ’190 and ’491 patents is whether a claim to a fan "comprising ... an inlet filter" can be read on a system where the fan and the filter are sold as separate products. The complaint's infringement theory appears to rely on the combination of the fan and the Blower Filter Box accessory to meet the filter limitation. This raises the issue of whether Defendant's sale of the fan alone constitutes direct infringement, or if Plaintiff must prove indirect infringement (e.g., inducement) by showing Defendant encouraged customers to create the infringing combination.
- Technical Questions: For the ’190 Patent, the infringement allegation is limited to Defendant's "centrifugal" fans. The analysis will require evidence that the accused fans (e.g., product 9508 and 9505) are in fact "centrifugal blower units" as that term is understood in the patent and the art, distinguishing them from other fan types such as the "axial" fans accused of infringing the ’491 Patent.
V. Key Claim Terms for Construction
- The Term: "inlet filter" (asserted in claims of both ’190 and ’491 Patents)
- Context and Importance: This term is critical because the complaint's infringement theory for the ’190 and ’491 patents depends on combining Defendant's fan products with a separately sold "Blower Filter Box" accessory. Practitioners may focus on this term because its construction will determine whether the filter must be an integral component of the fan as sold to support a claim of direct infringement, or if a fan merely designed for use with a separate filter falls within the claim's scope.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The language in Claim 1 of the ’190 Patent requires the filter to be "located adjacent to said inlet opening," and Claim 1 of the ’491 Patent requires it to be "removably secured over said inlet opening." This language might be argued to not strictly require the filter to be part of a single, pre-assembled unit.
- Evidence for a Narrower Interpretation: The preambles of the asserted claims describe "A portable exhaust fan ... comprising" the listed elements, including the filter. This suggests the filter is a component of the fan itself. The patent figures, such as Figure 1A in both patents, depict the inlet filter (122) as a component contained within the fan's housing front cover (128), which may support an interpretation that the filter is integral to the fan apparatus.
VI. Other Allegations
- Indirect Infringement: The complaint alleges inducement of infringement for both the ’190 and ’491 patents. The factual basis for this allegation is Defendant's "design of their products and their promotion and suggestion to combine" the accused exhaust fans with the Blower Filter Box accessory (Compl. ¶¶ 18, 33).
- Willful Infringement: For all three patents-in-suit, the complaint alleges on "information and belief" that Defendant "is and has been aware" of the patents and that its infringement "is and has been willful" (Compl. ¶¶ 21, 35, 49). The complaint does not plead specific facts concerning when or how Defendant became aware of the patents.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of claim scope and the theory of infringement: can the sale of an exhaust fan that is capable of being combined with a separate filter accessory constitute direct infringement of a claim reciting the fan and filter as a single apparatus? The resolution will likely depend on the court's construction of "inlet filter" and whether the facts support Plaintiff's alternative allegations of indirect infringement.
- A key evidentiary question will be one of technical proof for broad allegations: for the ’341 patent, which is asserted against fifty-nine different products without a filter requirement, the case may turn on whether Plaintiff can provide sufficient evidence that each accused fan is functionally "constructed to ... prevent accumulation of airborne materials within the air passageway," a potentially complex and fact-intensive inquiry.