DCT
2:18-cv-03505
National Products Inc v. Wireless Accessory Solutions LLC
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: National Products Inc. (Washington)
- Defendant: Wireless Accessory Solutions, LLC, d/b/a iBOLT – Wireless Accessory Solutions, LLC (Utah)
- Plaintiff’s Counsel: Fenwick & West LLP
- Case Identification: 2:18-cv-03505, C.D. Cal., 09/11/2018
- Venue Allegations: Plaintiff alleges venue is proper in the Central District of California because Defendant engages in business in the district, sells products directly to consumers in the district via its website and Amazon.com, and distributes products to retailers within the district.
- Core Dispute: Plaintiff alleges that Defendant’s vehicle mounting systems for portable electronic devices infringe a patent related to quick-release mounting platforms.
- Technical Context: The technology concerns adjustable, spring-loaded mounting platforms designed to securely hold portable electronic devices, such as smartphones, in high-vibration environments like vehicles.
- Key Procedural History: The complaint alleges that this dispute has a history predating the current filing. Plaintiff asserts it notified Defendant of infringement via a complaint dated December 29, 2015, and provided preliminary infringement contentions on May 18, 2016. The patent-in-suit was assigned to Plaintiff on December 15, 2015, with a subsequent amendment on June 14, 2018, to explicitly include the right to sue for past infringement.
Case Timeline
| Date | Event |
|---|---|
| 1994-06-28 | Earliest Priority Date for ’212 Patent |
| 2003-07-01 | ’212 Patent Issue Date |
| 2015-12-15 | ’212 Patent assigned to Plaintiff National Products Inc. |
| 2015-12-29 | Plaintiff allegedly notified Defendant of infringement via prior complaint |
| 2016-05-18 | Plaintiff allegedly served Defendant with Preliminary Infringement Contentions |
| 2018-06-14 | Amendment to patent assignment executed |
| 2018-09-11 | Second Amended Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 6,585,212 - "Quick Release Electronics Platform"
- Patent Identification: U.S. Patent No. 6,585,212, "Quick Release Electronics Platform," issued July 1, 2003.
The Invention Explained
- Problem Addressed: The patent describes a need for mounting platforms for portable electronics in vehicles that can accommodate various device sizes, are universally adjustable, and can securely hold a device in a high-vibration and shock environment without allowing it to slip. (’212 Patent, col. 1:12-34).
- The Patented Solution: The invention is a mounting platform with two frame members that are slidably interconnected, allowing them to adjust to different device widths. (’212 Patent, col. 2:41-48). A biasing mechanism, such as a tension spring, pulls the two frame members together. (’212 Patent, col. 4:42-58). Clamping members with jaw portions extend from the frame members at an obtuse angle, pressing the device downwards onto a high-friction mounting surface to secure it. (’212 Patent, col. 2:55-65).
- Technical Importance: This design provides a secure but quickly adjustable and releasable clamp for various electronic devices in a moving vehicle. (’212 Patent, col. 1:17-21).
Key Claims at a Glance
- The complaint asserts independent claim 27. (Compl. ¶16).
- Claim 27 is directed to a "clamping mechanism" that includes:
- A substantially rigid, elongated base portion with structure for mounting on an external member.
- A substantially rigid, elongated jaw portion extending at a predetermined obtuse angle from the base portion.
- A resilient compressible pad mechanically fixed to a surface of the jaw portion.
- A mounting platform that itself includes: first and second frame members slidably interconnected, a clamp mounting surface, and a biasing member to pull the frame members together.
- The complaint does not explicitly reserve the right to assert dependent claims.
III. The Accused Instrumentality
Product Identification
- The complaint names three lines of accused products: the "miniPro products," the "sPro2 products," and the "xProDock products." (Compl. ¶¶16, 4-5). Specific examples include the miniPro Windshield/Dash Kit, the sPro2 Windshield Dash and Vent Combo Kit, and the xProDock Connect for NFC enabled Phones. (Compl. ¶¶4-5).
Functionality and Market Context
- The accused instrumentalities are described as mounts for holding cellular phones and other portable devices in vehicles. (Compl. ¶4). The complaint provides visual evidence suggesting these products feature adjustable clamping arms to grip a device and a base (e.g., suction cup or vent clip) to attach to a vehicle's interior. A photo of the "miniPro" product shows an adjustable cradle with side clamps and a suction-cup base for mounting on a surface like a windshield. (Compl. p. 6). A separate image depicts the "sPro2" product, which includes a similar clamping mechanism with an alternative vent mounting attachment. (Compl. p. 6). The "xProDock" product is also shown with a clamping holder and a suction-cup mount. (Compl. p. 7). The complaint alleges Defendant manufactures, distributes, advertises, and sells these products throughout the United States. (Compl. ¶¶4, 7).
IV. Analysis of Infringement Allegations
U.S. Patent No. 6,585,212 Infringement Allegations
| Claim Element (from Independent Claim 27) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a substantially rigid, elongated base portion including structure for mounting on an external member; | The main body of the clamping mechanism, which attaches to the mounting arm. | ¶17 | col. 5:15-17 |
| a substantially rigid, elongated jaw portion extending at a predetermined obtuse angle from one end of the elongated base portion; | The adjustable side arms of the mount that grip the phone, which appear to extend at an angle from the mount's backplate. | ¶17 | col. 5:17-25 |
| a resilient compressible pad mechanically fixed to a surface of the jaw portion positioned on an interior of the obtuse angle; | The padded material on the interior surfaces of the adjustable side arms, visible in product photos. | ¶17 | col. 6:60-65 |
| a mounting platform, including: first and second frame members being slidably interconnected for relative motion along a first direction... and a biasing member being mechanically coupled between the first and second frame members for biasing the... frame members together... | The overall adjustable cradle, which the complaint alleges comprises the claimed mounting platform with sliding arms and an internal biasing mechanism. | ¶¶17-19 | col. 2:41-58 |
Identified Points of Contention
- Scope Questions: A central question may be whether the accused products' adjustable arms constitute "first and second frame members being slidably interconnected" as described in the patent. The patent's primary embodiment discloses a specific drawer-like track and slide structure. (’212 Patent, col. 4:1-21). The dispute may focus on whether the claim language can be interpreted to cover other adjustment mechanisms, such as a possible rack-and-pinion or ratchet system that may be used in the accused products.
- Technical Questions: The complaint's evidence does not show the internal mechanics of the accused products. A key technical question will be what mechanism the accused products use to provide clamping force and whether that mechanism functions as the claimed "biasing member." The patent specification describes this element as a "tension spring" that urges the frame members together. (’212 Patent, col. 4:42-58). Evidence will be required to determine if the accused products contain an equivalent structure that performs this specific function.
V. Key Claim Terms for Construction
The Term: "resilient compressible pad"
Context and Importance: This term defines a key interface between the clamp and the electronic device. The infringement analysis will depend on whether the material used on the accused products' arms meets the functional and material requirements of this limitation. Practitioners may focus on this term because its construction could determine whether a simple rubber grip suffices or if a more specific, spring-like cushion is required.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent discloses that the "high friction portion 88" can be a "pad of material having a relatively high coefficient of friction, such as a thin sheet of rubber or conventional non-skid material." (’212 Patent, col. 6:62-65). This language may support an interpretation that includes common gripping materials.
- Evidence for a Narrower Interpretation: The specification also describes this element as a "resilient cushion or pressure pad" that "operates as a spring compressed between the clamping surface 28 and the accessory device to maintain a substantial spring pressure." (’212 Patent, col. 7:3-10). This language could support a narrower construction requiring the pad to provide an active, spring-like compressive force, beyond simply providing friction.
The Term: "first and second frame members being slidably interconnected"
Context and Importance: This phrase is at the heart of the patented adjustable mechanism. The entire infringement case rests on whether the accused mounts, with their adjustable side arms, embody this structure.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claim language itself does not specify a particular mechanism, only that the members are "slidably interconnected," which could arguably cover any structure where two parts slide relative to one another.
- Evidence for a Narrower Interpretation: The detailed description heavily features a specific embodiment where a "second frame or body portion 20 includes a second device mounting surface 22 adjacent to a slide 24 structured to slidably engage the track 14." (’212 Patent, col. 2:50-53). A party could argue that the claims should be limited to the disclosed track-and-slide structure, especially if it is presented as the only way to achieve the invention's goals.
VI. Other Allegations
- Indirect Infringement: The complaint alleges both induced and contributory infringement. Inducement is based on allegations that Defendant provides instructions and advertising that "instruct[] customers and end users to assemble and use those products" in an infringing manner. (Compl. ¶20). Contributory infringement is based on allegations that the accused products are "especially made or especially adapted for practicing the claimed invention" and have "no substantial non-infringing uses." (Compl. ¶21).
- Willful Infringement: The complaint alleges that Defendant’s infringement is willful. (Compl. ¶23). This allegation is supported by claims of pre-suit knowledge based on a prior complaint served on December 29, 2015, and Preliminary Infringement Contentions served on May 18, 2016, which allegedly put Defendant on notice of its infringement. (Compl. ¶20).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of claim scope: can the term "first and second frame members being slidably interconnected," which is described in the patent's preferred embodiment as a track-and-slide system, be construed broadly enough to read on the specific adjustment mechanism used in the accused products? The outcome of this construction will likely be dispositive for infringement.
- A key evidentiary question will be one of technical operation: does the accused products' clamping mechanism contain a "biasing member" that pulls the frame members together, as required by claim 27 and exemplified by the patent's tension spring? The complaint's visual evidence is external and does not resolve this question, which will require discovery into the products' internal design.
- The allegation of willfulness appears factually well-supported by the detailed history of prior notice alleged in the complaint. The central question for this claim will likely be not whether Defendant had knowledge of the patent, but what steps, if any, it took to assess the merits of Plaintiff's infringement allegations after being notified in 2015 and 2016.