DCT
3:23-cv-00642
NOCO Co Inc v. Hulkman LLC
Key Events
Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: The NOCO Company (Ohio)
- Defendant: Hulkman LLC (California) and Shenzhen Konghui Trading Co., Ltd., d/b/a Hulkman Direct (China)
- Plaintiff’s Counsel: Jones Day
- Case Identification: 3:23-cv-00642, N.D. Cal., 02/14/2023
- Venue Allegations: Venue is alleged to be proper in the Northern District of California based on Defendant Hulkman LLC’s claimed residence within the district and the occurrence of wrongful acts giving rise to the claims in the district.
- Core Dispute: Plaintiff alleges that Defendants’ "Alpha" line of portable vehicle jump starters infringes five U.S. patents related to safety plug design, battery cell equalization circuits, and USB charging technology.
- Technical Context: The technology concerns portable, lithium-ion-based devices used to jump-start vehicles, a consumer electronics category that has largely replaced traditional jumper cables.
- Key Procedural History: The complaint alleges that Defendants launched their products via a Kickstarter campaign, engaged in false comparative advertising against Plaintiff’s products, and used deceptive U.S. business addresses in filings and on product packaging to suggest a U.S. origin.
Case Timeline
| Date | Event |
|---|---|
| 2014-07-03 | Earliest Priority Date for ’992, ’808, and ’023 Patents |
| 2014-XX-XX | Plaintiff NOCO introduces its BOOST line of jump starter products |
| 2017-03-31 | Earliest Priority Date for ’452 and ’213 Patents |
| 2017-09-26 | U.S. Patent No. 9,770,992 issues |
| 2019-06-25 | U.S. Patent No. 10,328,808 issues |
| 2020-09-22 | Defendant Hulkman allegedly advertises its product as "THE WORLD'S #1 SMART JUMP STARTER" |
| 2021-04-20 | U.S. Patent No. 10,981,452 issues |
| 2022-02-22 | U.S. Patent No. 11,254,213 issues |
| 2022-09-20 | U.S. Patent No. 11,447,023 issues |
| 2023-02-14 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 9,770,992 - "Portable Vehicle Battery Jump Start Apparatus with Safety Protection and Jumper Cable Device Therefor"
The Invention Explained
- Problem Addressed: The patent background describes the risks associated with traditional jump-starting, where improperly connecting jumper cables can cause sparks, short circuits, equipment damage, and personal injury (Compl. ¶11; ’808 Patent, col. 1:16-24).
- The Patented Solution: The invention is a jumper cable device featuring a single, integrated plug designed to connect to the jump starter's power pack. This plug is physically keyed so that it can only be inserted into the device’s output port in a single orientation, which ensures that the positive and negative clamps are never reversed (Compl. ¶15; ’808 Patent, Abstract, Fig. 4).
- Technical Importance: This design simplifies the jump-starting process and introduces a critical safety feature to prevent user error in a high-current application (Compl. ¶15).
Key Claims at a Glance
- The complaint asserts infringement of at least independent claim 1 (Compl. ¶110).
- Claim 1 of the ’992 Patent requires:
- A jumper cable device for use with a handheld battery charger booster.
- A single plug configured to fit into a single output port on the booster device to provide both positive and negative polarity connections.
- A pair of cables with ends integrated into the plug and opposite ends for connecting to a battery.
- The body of the single plug has a "uniform width."
- The single plug is configured to fit into the outlet port in only a "single orientation" to ensure proper polarity.
- The complaint does not explicitly reserve the right to assert dependent claims for this patent.
U.S. Patent No. 10,328,808 - "Portable Vehicle Battery Jump Start Apparatus with Safety Protection and Jumper Cable Device Thereof"
The Invention Explained
- Problem Addressed: As with the related ’992 Patent, the invention addresses the danger of incorrect polarity connections when using portable jump starters (’808 Patent, col. 1:16-24).
- The Patented Solution: The ’808 Patent describes a similar jumper cable device with a single plug that connects to the jump starter. The claims specify that the plug body has a "uniform or substantially uniform width" and is structured to fit into the output port in only one way, ensuring correct polarity between the plug and the jump starter (’808 Patent, col. 8:15-17, 59-64).
- Technical Importance: The invention enhances user safety and ease of use by physically preventing a common and dangerous user error (Compl. ¶36).
Key Claims at a Glance
- The complaint asserts infringement of at least independent claim 1 (Compl. ¶116).
- Claim 1 of the ’808 Patent requires:
- A jumper cable device for use with a jump starter.
- A single plug configured to fit into the jump starter's output port and provide both positive and negative polarity connections.
- A pair of battery cables integrated with the plug.
- The body of the single plug has a "uniform or substantially uniform width along a length of the body."
- The plug is configured to fit in a "single orientation" to ensure proper polarity.
- The complaint does not explicitly reserve the right to assert dependent claims for this patent.
U.S. Patent No. 10,981,452 - "Portable or Hand Held Vehicle Battery Jump Starting Apparatus with Battery Cell Equalization Circuit"
- Technology Synopsis: The technology addresses the problem of individual cells within a multi-cell lithium-ion battery pack becoming unbalanced during charging, which can reduce performance and battery life (Compl. ¶18). The patented solution is a dedicated equalization circuit that monitors individual cell voltages and can discharge over-voltage cells or charge under-voltage cells at a higher rate to maintain balance within the pack ('452 Patent, Abstract; Compl. ¶47).
- Asserted Claims: At least independent claim 1 (Compl. ¶122).
- Accused Features: The internal "built-in safety protections" of the Alpha jump starters, which allegedly include circuitry to perform over-charge and over-voltage protection that equalizes the battery cells (Compl. ¶¶51-53).
U.S. Patent No. 11,254,213 - "Portable or Hand Held Vehicle Battery Jump Starting Apparatus with Battery Cell Equalization Circuit"
- Technology Synopsis: Like the related ’452 Patent, this invention relates to battery cell equalization circuits within a portable jump starter (Compl. ¶55). It describes a circuit with a plurality of individual equalization circuits and load resistors designed to discharge any individual cell that exceeds a predetermined voltage threshold during charging ('213 Patent, Abstract; Compl. ¶56).
- Asserted Claims: At least independent claim 1 (Compl. ¶128).
- Accused Features: The internal battery management and safety circuits of the Alpha jump starters, which allegedly discharge individual battery cells to prevent over-voltage conditions (Compl. ¶¶60-61).
U.S. Patent No. 11,447,023 - "Portable Vehicle Battery Jump Start Apparatus with Safety Protection and Jumper Cable Device Thereof"
- Technology Synopsis: The invention addresses the inconvenience of recharging jump starters, which previously often required proprietary high-power chargers (Compl. ¶21). The solution is an apparatus with a USB input circuit containing a DC/DC converter, allowing the device's internal power supply to be recharged from a standard, lower-voltage USB power source by increasing the power voltage ('023 Patent, Abstract; Compl. ¶64).
- Asserted Claims: At least independent claim 1 (Compl. ¶134).
- Accused Features: The USB input port and internal charging circuitry of the Alpha jump starters, which are advertised as having "65W Speed Charging" from a USB input (Compl. ¶¶73-75). The complaint shows an image of the Alpha 65's USB charging input (Compl. p. 22).
III. The Accused Instrumentality
Product Identification
The HULKMAN Alpha 65, Alpha 85, Alpha 85s, and Alpha 100 Jump Starters (collectively, "the Alpha jump starters") (Compl. ¶24).
Functionality and Market Context
The accused products are portable, lithium-ion-based power packs designed to jump-start vehicles with depleted batteries (Compl. ¶24). The complaint identifies three core technical functionalities relevant to the infringement allegations: (1) a jumper cable assembly that connects to the main unit via a single, keyed plug (Compl. ¶¶30, 34); (2) internal battery management circuits alleged to provide "Over-Charge Protection" and "Over-Voltage Protection" (Compl. ¶53); and (3) a USB-C input port used for recharging the device's internal battery, advertised as "65W Speed Charging" (Compl. ¶¶73, 75; Compl. p. 22). The image provided in the complaint shows the HULKMAN Alpha 65 with its jumper cable plug highlighted (Compl. p. 8). Defendants allegedly launched the products through a Kickstarter campaign and position them as direct competitors to Plaintiff's products through comparative advertising (Compl. ¶¶77, 79).
IV. Analysis of Infringement Allegations
’992 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a jumper cable device for use with a handheld battery charger booster device for charging a battery... | The Alpha jump starters are alleged to include jumper cable devices for use with handheld battery charger booster devices. | ¶29 | col. 8:45-50 |
| a single plug having one end configured to fit into a single output port of the handheld battery charger booster device... | The accused jumper cable device includes a single plug that fits into the output port of the Alpha jump starter unit. The complaint provides an image showing the plug and port on the Alpha 65 model (Compl. p. 8). | ¶30 | col. 8:41-44 |
| a pair of cables having cable ends integrated with the plug... | The accused device includes a pair of cables integrated with the single plug at one end, with alligator clips at the other. | ¶32 | col. 8:56-59 |
| wherein a body of the single plug has a uniform width... | The complaint alleges that the body of the accused plug has a uniform width, providing a top-down image as evidence. | ¶33 | col. 8:15-17 |
| wherein the single plug is configured so that the single plug will only fit into the single outlet port...in a single orientation... | The complaint alleges the accused plug is keyed with two connections of differing shapes to ensure it only fits into the port in one orientation. The complaint highlights these shapes in an image (Compl. p. 10). | ¶34 | col. 8:59-64 |
’808 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A jumper cable device for use with a jump starter having an internal power supply and an output port... | The Alpha jump starters are alleged to be jumper cable devices for use with a jump starter that has an internal power supply and an output port. | ¶39 | col. 8:27-31 |
| a single plug having one end configured to fit into the output port of the jump starter... | The accused jumper cable device has a single plug that fits into the output port of the Alpha jump starter unit. | ¶40 | col. 8:41-44 |
| a pair of battery cables having cable ends integrated with the plug... | The accused device includes a pair of cables with ends integrated into the plug body. | ¶42 | col. 8:56-59 |
| wherein a body of the single plug has a uniform or substantially uniform width along a length of the body... | The complaint alleges the body of the accused plug has a uniform or substantially uniform width, referencing images of the plug. | ¶43 | col. 8:15-17 |
| wherein the single plug is configured so that the single plug will only fit into the output port of the jump starter in a single orientation... | The accused plug is alleged to be configured with connections of differing shapes, ensuring it can only be inserted in a single orientation. | ¶44 | col. 8:59-64 |
- Identified Points of Contention:
- Scope Questions: The infringement analysis for the ’992 and ’808 patents may turn on the construction of "uniform width" and "uniform or substantially uniform width." A defendant could argue that the body of its plug, which may have tapers, ridges, or other features, does not meet the definition of "uniform" as defined by the patent specification and figures.
- Technical Questions: For the equalization patents (’452 and ’213), a central question is whether the accused products' general "Over-Charge" or "Over-Voltage" protection functions, as described in marketing materials, actually perform the specific steps recited in the claims, such as discharging a cell through a respective load resistor until it reaches a pre-determined lower voltage level (Compl. ¶47). The complaint does not provide detailed technical evidence of the accused products' internal circuit operation.
V. Key Claim Terms for Construction
- The Term: "uniform width" (’992 Patent, Claim 1) / "uniform or substantially uniform width" (’808 Patent, Claim 1)
- Context and Importance: This term defines a key physical characteristic of the claimed jumper cable plug. The infringement determination for the ’992 and ’808 patents will depend heavily on whether the shape of the accused HULKMAN plug body falls within the scope of this term. Practitioners may focus on this term because it is a potentially subjective descriptor of a physical object.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The ’808 Patent’s inclusion of the phrase "or substantially uniform" suggests the patentee contemplated minor deviations from perfect uniformity (’808 Patent, col. 8:16-17). The purpose of the feature may be described in the specification as simply providing a stable connection, which could support a construction that is not strictly limited to a perfect rectangle.
- Evidence for a Narrower Interpretation: The figures in the related patents depict a plug body that is geometrically regular and rectangular (e.g., ’808 Patent, Fig. 4). A defendant may argue that this specific embodiment limits the term to shapes that are strictly uniform, excluding plugs with intentional tapers, curves, or other non-uniform features like those potentially present on the accused products.
VI. Other Allegations
- Willful Infringement: The complaint alleges willful infringement for all five patents-in-suit. The basis for this allegation is that Defendants compete with Plaintiff, Plaintiff's patent portfolio is "public knowledge," and, upon information and belief, Defendants "have actually known about" the asserted patents "since prior to this lawsuit" (Compl. ¶¶112, 118, 124, 130, 136).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the terms "uniform width" and "substantially uniform width," which describe the body of the patented jumper cable plug, be construed to read on the specific physical design of the accused HULKMAN plug? This classic claim construction dispute will likely be central to the infringement analysis of the ’992 and ’808 patents.
- A key evidentiary question will be one of technical operation: does the accused products' advertised "Over-Charge" and "Over-Voltage Protection" functionality operate in the specific manner required by the claims of the ’452 and ’213 patents? The case may depend on whether discovery reveals that the accused internal circuits perform the claimed method of discharging individual cells using load resistors between specific voltage thresholds, as opposed to using a different technical method to achieve a similar safety result.
- A third central question relates to the functionality of the USB charging circuit: does the "65W Speed Charging" feature of the accused products infringe the ’023 patent by utilizing a "DC/DC converter" to "increase power voltage" from a USB source, as claimed? Proving infringement will require technical evidence demonstrating that the accused products' internal circuitry matches the specific architecture and function recited in the patent's claims.