DCT
2:25-cv-00971
Bobrick Washroom Equipment Inc v. Ystern Engineering 1989 Ltd
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Bobrick Washroom Equipment, Inc. (California)
- Defendant: Y.Stern Engineering (1989) Ltd. (Israel)
- Plaintiff’s Counsel: Womble Bond Dickinson (US) LLP
- Case Identification: 2:25-cv-00971, C.D. Cal., 02/04/2025
- Venue Allegations: Plaintiff alleges venue is proper because Defendant, a foreign corporation, conducts substantial business in the district and throughout California, and because the patent venue statute is inapplicable to foreign corporations under established precedent.
- Core Dispute: Plaintiff alleges that Defendant’s top-fill, counter-mounted automated soap dispensers infringe a patent related to the mechanical design of such dispensers, specifically the feature allowing for refilling from above the counter.
- Technical Context: The technology concerns commercial washroom accessories, where counter-mounted soap dispensers with under-counter reservoirs are common and the ability to refill them without accessing the under-counter space is a key convenience and maintenance feature.
- Key Procedural History: The complaint notes that Plaintiff provided Defendant with actual notice of the patent-in-suit via a letter on November 21, 2024, approximately two and a half months before filing the lawsuit. This is asserted as a basis for willful infringement.
Case Timeline
| Date | Event |
|---|---|
| 2008-10-24 | '157 Patent Priority Date |
| 2013-11-12 | U.S. Patent No. 8,579,157 Issues |
| 2024-11-21 | Plaintiff sends notice letter to Defendant |
| 2025-02-04 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 8,579,157 - “AUTOMATED FLUID DISPENSER”
The Invention Explained
- Problem Addressed: The patent’s background describes the inconvenience and mess associated with refilling conventional counter-mounted soap dispensers, which typically requires maintenance staff to access and remove a fluid reservoir from the cramped space below the counter (’157 Patent, col. 2:28-34). This process can lead to drips and spills on surrounding surfaces (’157 Patent, col. 2:34-37).
- The Patented Solution: The invention proposes a dispenser with a spout located above the counter and a reservoir located below, connected by a neck that penetrates the counter. Crucially, a conduit runs through the neck to an opening in the spout, which is covered by a moveable lid. This allows the reservoir to be refilled from above the counter simply by opening the lid and pouring in new fluid, eliminating the need to access the under-counter components for routine refilling (’157 Patent, col. 2:57-65; Fig. 4).
- Technical Importance: This design simplifies the maintenance workflow for commercial washrooms, reducing the time and effort required to service the dispensers (’157 Patent, col. 2:38-41).
Key Claims at a Glance
- The complaint asserts independent claims 14 and 45.
- Independent Claim 14 requires, in essence:
- A reservoir.
- A neck extending from the reservoir with a conduit leading to it.
- A spout extending from the neck, which has a moveable lid that provides access to the conduit for refilling.
- A specific mounting orientation: the spout is above a surface, the reservoir is below, and the neck penetrates the surface.
- Independent Claim 45 requires, in essence:
- A reservoir, an outlet, and a pump.
- A neck extending from the reservoir, which has a threaded outer surface.
- A cap that is threaded to the reservoir and couples the neck to the reservoir.
- A spout extending from the neck with a moveable lid that provides access to a conduit for refilling.
- The complaint reserves the right to assert dependent claims 16, 17, and 18 (Compl. ¶11).
III. The Accused Instrumentality
Product Identification
- Defendant's "Lotus Soap Dispenser Series," specifically including the "Lotus Topfill" model identified by product number 230850 ("the Accused Product") (Compl. ¶19).
Functionality and Market Context
- The complaint describes the Accused Product as a "deck mounted automatic soap dispenser" (Compl. ¶20(i)). The allegations state it is designed to be mounted to a surface, with the spout above the surface and the reservoir below, connected by a neck that penetrates the surface (Compl. ¶20(iv)).
- Functionally, the complaint alleges the product includes a lid on the spout that can be moved to provide access to a conduit for refilling the under-counter reservoir from above (Compl. ¶20(iii)). It is also alleged to have a pump, a neck with a threaded outer surface, and a cap that is threaded to the reservoir and couples the reservoir to the neck (Compl. ¶20(vi), ¶20(vii)).
IV. Analysis of Infringement Allegations
The complaint alleges infringement based on a narrative description of the Accused Product's features, referencing a claim chart in Exhibit C which was not provided for this analysis. The following tables summarize the infringement theory for the asserted independent claims based on the allegations in the complaint's text. No probative visual evidence provided in complaint.
'157 Patent Infringement Allegations (Claim 14)
| Claim Element (from Independent Claim 14) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a reservoir | The Accused Product has a reservoir. | ¶20(ii) | col. 3:43-44 |
| a neck extending from the reservoir defining a conduit there-through leading to said reservoir | The Accused Product has "a neck extending from the reservoir defining a conduit there-through leading to the reservoir." | ¶20(ii) | col. 6:38-42 |
| a spout extending from the neck, said spout comprising a lid and an outlet, wherein the lid is moveable for providing access to said conduit for filling said reservoir with a fluid | The spout "includes a lid and an outlet, wherein the lid can be removably attached to the spout, to provide access to the conduit defined by the neck." | ¶20(iii) | col. 6:40-47 |
| wherein the dispenser is mounted to a surface and wherein the spout is above the surface, the reservoir is below the surface, and the neck penetrates the surface | When mounted, "the spout appears to be above the surface, the reservoir appears to be below the surface, and the neck appears to penetrate the surface." | ¶20(iv) | col. 3:51-56 |
'157 Patent Infringement Allegations (Claim 45)
| Claim Element (from Independent Claim 45) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a reservoir for storing the fluid to be dispensed; an outlet for dispensing the fluid there-through; a pump for pumping the fluid to the outlet | The Accused Product has a reservoir, an outlet, and "includes a pump for pumping fluid to the outlet." | ¶20(ii), ¶20(vi) | col. 4:16-17 |
| a neck extending from the reservoir defining a conduit in communication with said reservoir, the neck comprising a threaded outer surface | The neck of the Accused Product "includes a threaded outer surface." | ¶20(vii) | col. 6:57-60 |
| a cap threaded to the reservoir and coupling the neck to the reservoir | The Accused Product includes "a cap, the cap being threaded to the reservoir of the Accused Product and coupling the reservoir to the neck." | ¶20(vii) | col. 8:12-18 |
| a spout extending from the neck comprising a lid defining a surface of said spout, wherein the lid is moveable for providing access to said conduit... | The spout includes a lid that "can be removably attached... to provide access to the conduit" and "appears to define an upper surface of the spout." | ¶20(iii), ¶20(v) | col. 6:40-47 |
- Identified Points of Contention:
- Scope Questions: The infringement case for Claim 45 may turn on the construction of "a cap threaded to the reservoir and coupling the neck to the reservoir." The defense may argue that this requires a specific structural relationship shown in the patent’s embodiments that is absent in the Accused Product.
- Technical Questions: A key factual question will be whether the mechanism in the Accused Product that connects its spout, neck, and reservoir components meets all the limitations of the asserted claims. The complaint’s allegation that a cap is "threaded to the reservoir" and also "coupl[es] the reservoir to the neck" (Compl. ¶20(vii)) describes a specific mechanical function that will require evidentiary support to prove infringement.
V. Key Claim Terms for Construction
- The Term: "a cap threaded to the reservoir and coupling the neck to the reservoir" (from Claim 45)
- Context and Importance: This limitation describes the structural heart of how the main components are assembled in one of the patent's key embodiments. The viability of the infringement allegation for Claim 45 hinges on whether the accused device's assembly method falls within the scope of this phrase. Practitioners may focus on this term because the patent illustrates a multi-part arrangement to achieve this function, which may provide grounds for a non-infringement argument if the accused product uses a simpler or different design.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: A party might argue the term does not require the exact embodiment shown, but more generally covers any cap-like component that uses threads to ultimately secure the neck and reservoir together, directly or indirectly.
- Evidence for a Narrower Interpretation: The patent specification describes a specific arrangement where a "reservoir cap" (132) threads onto the reservoir's own neck section (16), which in turn applies axial force to a lock nut (130) and washer (137) to secure the separate main neck (30) in place (’157 Patent, col. 7:46-54, col. 8:12-18). A party could argue that "coupling the neck to the reservoir" requires this specific interaction where the cap acts on intermediate components to secure the neck.
VI. Other Allegations
- Indirect Infringement: The complaint makes a general allegation that Defendants "contributed to or induced acts of patent infringement by others" (Compl. ¶6), but does not plead specific facts to support the knowledge and intent elements of such claims, such as citing instructional materials or user manuals.
- Willful Infringement: The complaint alleges willful infringement based on Defendant's alleged continuation of infringing activities after receiving a notice letter from Plaintiff on November 21, 2024 (Compl. ¶22, ¶29). This pre-suit notice is offered as evidence that Defendant had knowledge of the ’157 Patent and the allegedly infringing nature of its actions (Compl. ¶28).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of claim construction and structural equivalence: Does the assembly mechanism of the Accused Product, particularly its use of a cap and threads, meet the specific functional and structural requirements of the limitation "a cap threaded to the reservoir and coupling the neck to the reservoir" as set forth in Claim 45? The court's interpretation of this term in light of the patent's detailed embodiments will be critical.
- A central evidentiary question will be one of technical proof: Beyond the initial pleadings, the case will depend on evidence demonstrating precisely how the Accused Product is constructed and operates. Plaintiff will need to show a direct mapping of each claim element to the accused device, while Defendant will likely focus on identifying any technical or structural mismatches, however minor, to argue for non-infringement.