DCT
8:18-cv-02162
Ace Gift Craft Ningbo Co Ltd v. Ecoolthing Corp
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Ace Gift & Craft (Ningbo) Co., Ltd. (China)
- Defendant: Ecoolthing Corp., doing business as Cool Things Copr. (California)
- Plaintiff’s Counsel: Locke Lord LLP
- Case Identification: 8:18-cv-02162, C.D. Cal., 12/06/2018
- Venue Allegations: Venue is alleged to be proper because Defendant resides in the Central District of California and has committed the alleged acts of infringement within the district.
- Core Dispute: Plaintiff alleges that Defendant’s luminous novelty necklaces infringe a patent directed to the design of a battery box for such jewelry.
- Technical Context: The technology resides in the field of consumer novelty products, specifically focusing on the mechanical design and assembly of a power source and switch for light-up apparel.
- Key Procedural History: The complaint does not mention any prior litigation, inter partes review proceedings, or licensing history relevant to the patent-in-suit.
Case Timeline
| Date | Event |
|---|---|
| 2015-07-06 | Earliest Priority Date claimed by ’256 Patent |
| 2017-12-26 | ’256 Patent Issue Date |
| 2018-12-06 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 9,853,256 - "Battery Box and a Necklace Provided With the Same"
- Issued: December 26, 2017.
The Invention Explained
- Problem Addressed: The patent describes prior art battery boxes for luminous jewelry as having inconveniences related to the "assembly and connection between the switch and the circuit board" (’256 Patent, col. 1:47-51).
- The Patented Solution: The invention is a battery box for luminous jewelry constructed from a two-part housing (an upper and lower body) that simplifies assembly (’256 Patent, col. 3:63-col. 4:2). It features an integrated switch mechanism where a "flexible sheet" is provided on the upper housing body; when pressed, this sheet pushes a "contact" on the internal circuit board against the battery to complete the circuit and activate the lights (’256 Patent, Abstract). An exploded view of this assembly is shown in Figure 3 of the patent.
- Technical Importance: The design aims to provide a battery box with a "simple and reasonable configuration, and of convenience in assembly, connection and use" compared to prior art designs (’256 Patent, col. 1:57-62).
Key Claims at a Glance
- The complaint asserts infringement of at least Claim 1 of the ’256 Patent (Compl. ¶21).
- Independent Claim 1 recites the following essential elements:
- A battery box with a housing and a power supply (circuit board and battery).
- Through holes at the ends of the housing for a wire.
- A housing composed of a detachably connected upper and lower body, forming a receiving cavity.
- A flexible sheet on the upper housing body that presses a contact on the circuit board.
- A mounting groove on the lower housing body for the battery.
- The circuit board is located above the mounting groove.
- The mounting groove has a mounting port at its bottom for battery replacement, sealed by a detachable cover plate.
- The complaint alleges infringement of "one or more claims," preserving the right to assert other claims, including dependent claims (Compl. ¶3).
III. The Accused Instrumentality
Product Identification
The accused products are luminous necklaces sold by the Defendant, including the "WG Necklace" marketed under the name "beJolly Light-Up Necklace" (Compl. ¶13-14). A photograph in the complaint depicts a luminous Christmas bulb necklace (Compl. ¶11).
Functionality and Market Context
- The accused product is a novelty light-up necklace powered by a self-contained battery box that also functions as the necklace clasp (Compl. ¶22, pp. 5-8). The complaint provides several photographs of a disassembled accused product, showing a two-piece housing, a circuit board, and batteries (Compl. ¶22, p. 7). This visual, showing the disassembled Upper and Lower Housing Body components, illustrates the product's modular construction.
- The complaint alleges that the Plaintiff and Defendant are "business competitors in the field of luminous jewelry" (Compl. ¶17).
IV. Analysis of Infringement Allegations
’256 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A battery box, comprising a housing and a power supply component mounted within the housing | The accused necklace includes a battery box housing containing a power supply. A photograph of the assembled housing is provided. | ¶22, p. 5 | col. 2:1-3 |
| through holes are provided respectively on both ends of the housing to lead a wire into the housing to connect with the power supply component | The accused housing has through holes on its ends where the necklace wire enters to connect to the internal power supply. | ¶22, p. 6 | col. 2:3-6 |
| the power supply includes a circuit board and a battery | The power supply in the accused device consists of a circuit board and batteries. | ¶22, p. 6 | col. 2:6-7 |
| the housing includes an upper housing body and lower housing body which are detachably connected with each other | The accused housing is made of two separate, detachable pieces, identified as the upper and lower housing bodies. | ¶22, p. 7 | col. 2:7-10 |
| the upper housing body and the lower housing body could be engaged with each other to form a receiving cavity to receive the power supply component | The two housing bodies engage to form an internal cavity that holds the power supply components. | ¶22, p. 7 | col. 2:10-12 |
| a contact is provided on the circuit board to be in communication with the battery and correspondingly, a flexible sheet is provided on the upper housing body to press the contact | The accused device has a contact on its circuit board and a flexible sheet on its upper housing that, when pressed, pushes the contact. A photograph shows the flexible sheet as a distinct component. | ¶22, p. 7 | col. 2:12-15 |
| a mounting groove is formed on the lower housing body to mount the battery | The lower housing body of the accused device has a circular depression, or mounting groove, to hold the batteries. | ¶22, p. 8 | col. 2:48-50 |
| the circuit board is located above the mounting groove and is connected with the battery | The circuit board is positioned over the batteries in the mounting groove. A photograph shows these components disassembled. | ¶22, p. 8 | col. 5:1-3 |
| the mounting groove is provided at its bottom with a mounting port for replacing the battery, and a cover plate is detachably connected with the mounting port | The accused device's lower housing has an opening (mounting port) at the bottom of the battery groove and a cover for battery replacement. This is illustrated in a photograph showing the separated cover. | ¶22, p. 8 | col. 2:51-54 |
Identified Points of Contention
- Scope Questions: The definition of "flexible sheet" will be a central issue. The complaint's photographs appear to show the accused flexible sheet as a separate component inserted into the upper housing (Compl. ¶22, p. 7). The case may raise the question of whether this term, as used in the patent, is limited to a sheet that is integrally formed with the housing body (as described in one embodiment at col. 4:2-3), or if it can be read more broadly to cover a separate, non-integral component.
- Technical Questions: Claim 1 requires the "circuit board" to be "located above the mounting groove". The complaint alleges this is met but provides only photos of disassembled components (Compl. ¶22, p. 8). A factual question for the court will be to determine the precise spatial relationship of these components when the accused device is fully assembled and whether this arrangement meets the "located above" limitation.
V. Key Claim Terms for Construction
The Term: "flexible sheet"
- Context and Importance: This term defines the switch mechanism, a core feature of the invention. Its construction is critical to the infringement analysis, as the operation of the accused product's push-button activation depends on it. Practitioners may focus on this term because the dispute may turn on whether the accused product's seemingly separate membrane component is encompassed by the claim language.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claim requires the sheet to be "provided on the upper housing body" (’256 Patent, col. 12:1-2), language which may be argued to cover components that are attached to, but not necessarily part of, the housing itself. The specification similarly states the sheet is "connected with the upper housing body" (’256 Patent, col. 2:19-20).
- Evidence for a Narrower Interpretation: An embodiment described in the specification discloses a flexible sheet that is "integrated with the upper housing body 120" (’256 Patent, col. 4:52-53). A defendant may argue that this more specific disclosure limits the scope of the term to a one-piece, integrally molded construction.
The Term: "located above"
- Context and Importance: This term defines the spatial relationship between the circuit board and the battery mounting groove. Its meaning is important because infringement will depend on the physical arrangement of the accused product's internal components.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The plain and ordinary meaning of "above" suggests a simple vertical or layered orientation, without requiring direct contact or a specific distance. The patent figures, such as the exploded view in Fig. 3, show the circuit board (210) positioned over the retainer ring (131) that forms the mounting groove.
- Evidence for a Narrower Interpretation: The specification states that in one configuration, the "circuit board 210 is located above the retainer ring 131 and in contact with the battery 220" (’256 Patent, col. 7:31-33). A party could argue this language, which links the position to being "in contact with the battery," imposes a more specific structural requirement than a simple non-contacting "above" orientation might imply.
VI. Other Allegations
- Indirect Infringement: The complaint does not contain a specific count for indirect infringement, nor does it allege specific facts to support inducement or contributory infringement, such as knowledge or intent to cause infringing acts by others.
- Willful Infringement: The complaint makes a conclusory allegation of willful infringement (Compl. ¶24) and requests enhanced damages (Compl. ¶ C). The complaint does not, however, allege any specific facts to support this claim, such as pre-suit knowledge of the ’256 Patent or other forms of egregious conduct.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the term "flexible sheet," which the patent describes as potentially being integrated with the housing, be construed to cover the apparently separate membrane component used as a push-button in the accused product?
- A key evidentiary question will be one of structural arrangement: does the assembled accused product meet the claim's specific spatial requirement that the "circuit board is located above the mounting groove", an issue that will require analysis beyond the disassembled product photos provided in the complaint.
- A third question will concern willfulness: can the plaintiff produce evidence to substantiate its bare allegation of willful infringement, which currently lacks any factual support in the complaint regarding the defendant's state of mind or knowledge of the patent prior to the lawsuit.