Funrise Inc v. Vons Companies Inc

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: Funrise, Inc. (California) and Honor Metro Limited (Marshall Islands)
  • Defendant: The Vons Companies, Inc. (Michigan)
  • Plaintiff’s Counsel: Weintraub Tobin Chediak Coleman Grodin Law Corporation
• Case Identification: 2:19-cv-09013, S.D. Cal., 07/01/2019
• Venue Allegations: Plaintiffs allege venue is proper because Defendant has a regular and established place of business in the district, has committed acts of infringement in the district, and a substantial part of the events giving rise to the claim (including offers for sale and sale of accused products) occurred in the district.
• Core Dispute: Plaintiffs allege that Defendant’s sale of various toy bubble machines infringes a patent related to an apparatus and method for automatically generating bubbles.
• Technical Context: The dispute concerns automated bubble-making toys, a segment of the toy market focused on producing a high volume of bubbles with minimal user effort.
• Key Procedural History: The complaint does not reference any prior litigation, licensing history, or post-grant proceedings involving the patent-in-suit.

Case Timeline

Date	Event
2014-03-20	U.S. Patent No. 9,757,661 Priority Date
2017-09-12	U.S. Patent No. 9,757,661 Issues
2019-07-01	Complaint Filed

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

U.S. Patent No. 9,757,661 - "Apparatus and Method for Generating Bubbles"

• Patent Identification: U.S. Patent No. 9,757,661, "Apparatus and Method for Generating Bubbles," issued September 12, 2017 (’661 Patent).

The Invention Explained

• Problem Addressed: The patent's background section notes that existing automated bubble-making devices can be messy, difficult to manufacture, and require a "period of time before any bubbles are created, thus leading users to become bored while waiting." (’661 Patent, col. 1:42-47).
• The Patented Solution: The invention is a self-contained bubble machine that uses a single motor to both create an upward airflow with a fan and rotate a "bubble generating assembly." (’661 Patent, col. 2:1-24). This assembly features multiple bubble wands (follower members) that ride along a stationary, annular cam surface. The cam surface has high points ("raised portions") and low points ("valley portions"). As the assembly rotates, the wands are mechanically dipped into a trough of bubble solution when they pass through the valleys and are then lifted into the fan's airflow when they ride up onto the raised portions, where bubbles are formed. This design creates a continuous, automated cycle of dipping and blowing without pumps or user intervention. (’661 Patent, col. 14:15-30; Fig. 14).
• Technical Importance: The claimed solution provides a mechanical system for continuous bubble generation that aims to be less complex and messy than prior art devices requiring pumps and streaming solution. (’661 Patent, col. 1:33-41).

Key Claims at a Glance

• The complaint asserts independent Claim 1. (Compl. ¶36).
• The essential elements of Claim 1 include:
  • A housing, a motor positioned in the housing, and a fan device operably coupled to the motor to generate an upward air stream.
  • A "bubble generating assembly" positioned in the housing and rotated by the motor, which itself comprises:
    • A body with an upper and lower shell forming a cavity, with slots providing passageways into the cavity.
    • A ring structure positioned in the cavity.
    • A plurality of "follower members" (e.g., bubble wands) extending through the slots, each having an arm pivotably coupled to the ring structure and a bubble generating device at its other end.
  • A "basin member" comprising:
    • A trough for containing bubble solution.
    • A feed reservoir for supplying the trough.
    • A "cam wall" with a "raised portion" and a "recess that forms a valley portion."
  • Wherein, upon rotation, the follower members ride along the cam wall and "repetitively transition" between a lowered position (in the valley, where the bubble device is loaded with solution in the trough) and a raised position (on the raised portion, where the bubble device is aligned with the air stream).
• The complaint does not explicitly reserve the right to assert dependent claims but alleges infringement of "one or more claims." (Compl. ¶35).

III. The Accused Instrumentality

Product Identification

• The Volcano Bubble Machine ("Volcano"), the Extreme Bubble Fountain, and the Light Up! Bubble Fountain (collectively, the "Accused Products"). (Compl. ¶20).

Functionality and Market Context

• The complaint alleges that the Accused Products are toy bubble machines sold by Defendant in its retail stores. (Compl. ¶24). Based on the photographic evidence provided, the products operate by using a motor to rotate a central assembly of bubble wands. (Compl., Ex. D, p. 78). This rotation causes the wands to dip into a surrounding trough of bubble solution and then rise up into an upward airflow generated by a fan, creating bubbles. (Compl., Ex. D, pp. 86, 89). The complaint characterizes these as competing products offered at lower prices than Plaintiffs' own patented products. (Compl. ¶28, ¶30). The packaging for the Volcano product, depicted in a photograph, claims it can make "up to 100,000 bubbles in 10 minutes." (Compl., Ex. D, p. 75).

IV. Analysis of Infringement Allegations

’661 Patent Infringement Allegations

Claim Element (from Independent Claim 1)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
a housing extending from a bottom end to a top end;	The Volcano product is alleged to have a main body or housing. A photograph in Exhibit D depicts the product's outer housing. (Compl., Ex. D, p. 75).	¶21, ¶37	col. 6:17-19
a motor positioned in the housing; a fan device positioned in the housing, the fan device operably coupled to the motor to generate an upward air stream;	The Volcano is alleged to contain a motor that drives both a fan and the bubble generating assembly. Photographs show a motor and a fan device positioned inside the housing. (Compl., Ex. D, pp. 76-77).	¶21, ¶37	col. 7:15-27
a bubble generating assembly ... comprising: a body comprising: an upper shell; a lower shell, the upper shell coupled to the lower shell to form a cavity ... a plurality of slots in the body ... and a ring structure positioned in the cavity;	The Volcano is alleged to have a rotating assembly of bubble wands. Photographs show this assembly having distinct upper and lower parts that form a body with a central cavity, slots for the wand arms, and an inner ring structure. (Compl., Ex. D, pp. 79-82).	¶21, ¶37	col. 12:50-60
a plurality of follower members extending through the passageways formed by the slots ... each ... comprising: an arm having a first end in the cavity and pivotably coupled to the ring structure ... and a bubble generating device coupled to a second end...	The Volcano's bubble wands are alleged to be follower members. Photographs depict multiple arms extending from the central body, each terminating in a bubble-forming ring. The inner ends of the arms are shown coupled to the central ring structure. (Compl., Ex. D, pp. 83-85).	¶21, ¶37	col. 13:15-20
a basin member comprising: a trough for containing bubble solution ... a feed reservoir ... and a cam wall having a raised portion and a recess that forms a valley portion;	The base of the Volcano's housing is alleged to form a basin with a trough to hold bubble solution, a protruding cup that acts as a feed reservoir, and an inner sloped wall that functions as a cam wall with high and low points. (Compl., Ex. D, pp. 86-88).	¶21, ¶37	col. 8:10-14
wherein upon the bubble generating assembly being rotated ... each of the follower members ride along the cam wall and repetitively transition between: (1) a lowered position ... loaded with bubble solution in the trough; and (2) a raised position ... aligned with the air stream...	It is alleged that as the assembly rotates, the wands (follower members) follow the contour of the cam wall, causing them to dip into the trough to collect solution (lowered position) and then rise into the fan's airflow to make bubbles (raised position). (Compl., Ex. D, p. 89). A photograph shows a follower member in the trough. (Compl., Ex. D, p. 89).	¶21, ¶37	col. 14:15-30

Identified Points of Contention

• Scope Questions: A central question may be whether the integrated basin structure of the accused products contains a distinct "cam wall having a raised portion and a recess that forms a valley portion" as required by the claim. The defense may argue that the accused product's simple sloped basin does not meet the specific structural requirements of the "cam wall" described and claimed in the patent (’661 Patent, col. 9:8-20), raising a question of definitional scope for the term "cam wall".
• Technical Questions: The complaint alleges that the arms of the follower members are "pivotably coupled" to the ring structure. An issue for the court may be what precise type and degree of movement this term requires. The infringement analysis will likely depend on evidence showing how the follower members in the Accused Products actually move relative to the central body during rotation and whether that movement constitutes being "pivotably coupled" as understood in the context of the patent's specification and figures.

V. Key Claim Terms for Construction

The Term: "cam wall"

• Context and Importance: This term is central to the claimed invention's mechanism for moving the bubble wands. The infringement case depends on whether the inner surface of the accused products' solution trough, which guides the wands, qualifies as a "cam wall" with the specific claimed features. Practitioners may focus on this term because the visual evidence suggests the accused product uses a continuous, simple ramp, whereas the patent describes and claims a more defined structure with distinct portions. (Compl., Ex. D, p. 88; ’661 Patent, col. 9:8-20).
• Intrinsic Evidence for Interpretation:
  • Evidence for a Broader Interpretation: The patent states that the follower arm "rides along the cam surface" to transition between positions. (’661 Patent, col. 14:20-23). This functional language could support an argument that any surface that causes the required up-and-down motion is a "cam wall."
  • Evidence for a Narrower Interpretation: Claim 1 requires the cam wall to have "a raised portion and a recess that forms a valley portion." The specification details these features, describing the valley portions as having a "floor," a "first wall," and a "second wall" that forms a "ramp." (’661 Patent, col. 9:21-54). This detailed description of a specific structure could support a narrower construction that the accused product's simple sloped surface does not meet.

The Term: "pivotably coupled"

• Context and Importance: This term defines the connection between the follower member's arm and the central rotating body. The nature of this coupling enables the transition between the lowered (dipping) and raised (blowing) positions. Whether the connection in the accused products meets this limitation will be a key infringement question.
• Intrinsic Evidence for Interpretation:
  • Evidence for a Broader Interpretation: The term itself suggests a simple pivotal or hinged connection allowing rotation about an axis. The specification describes the follower arm as being "rotatably or pivotably coupled to the ring structure." (’661 Patent, col. 13:25-27).
  • Evidence for a Narrower Interpretation: The patent explains that this coupling allows the follower arm to "pivot/rotate within the slot" and move between a raised and lowered position "by rotation about the second rotational axis B-B." (’661 Patent, col. 14:15-23). The figures, such as Figure 13A-D, depict a specific hinged motion. This could support an argument that the term requires more than incidental movement and must facilitate the specific up-and-down pivoting cycle central to the invention.

VI. Other Allegations

Willful Infringement

• The complaint alleges that Defendant’s infringement is "willful and deliberate, at least at all times after the filing of the Complaint." (Compl. ¶42). This allegation is based on post-suit knowledge derived from the filing and service of the lawsuit itself, rather than any alleged pre-suit knowledge.

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

• A core issue will be one of structural correspondence: Does the sloped, integrated basin of the Accused Products contain a "cam wall having a raised portion and a recess that forms a valley portion," as that term is construed in light of the patent's detailed specification, or is there a fundamental mismatch between the claimed structure and the accused design?
• A key evidentiary question will be one of mechanical operation: What is the precise nature of the connection and movement of the bubble wands in the Accused Products? The case may turn on whether evidence demonstrates that the wands are "pivotably coupled" in a manner that allows them to perform the claimed transition between lowered and raised positions by riding along the alleged cam surface.