DCT
4:23-cv-06309
The Schedule A
Key Events
Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Shenzhen Alex Technology Co., Ltd. (China)
- Defendant: Individuals, Corporations, Limited Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto
- Plaintiff’s Counsel: Apex Attorneys at Law, LLP
- Case Identification: 4:23-cv-06309, N.D. Cal., 12/06/2023
- Venue Allegations: Venue is alleged based on Defendants targeting business activities toward consumers in the U.S. and California through interactive e-commerce stores on Amazon.com, including making sales to California residents.
- Core Dispute: Plaintiff alleges that Defendants’ electric ear wax cleaners infringe a patent related to the mechanical design of an ear, nose, and throat irrigator.
- Technical Context: The technology relates to handheld personal care devices for irrigating body cavities, with a focus on ergonomic design and features to prevent fluid splashing.
- Key Procedural History: The complaint alleges that Defendants had actual knowledge of the patent application since November 2022, when they allegedly approached the Plaintiff to purchase its products. This interaction forms the basis for the willfulness allegation.
Case Timeline
| Date | Event |
|---|---|
| 2021-05-20 | Alleged invention date of the electric ear wax cleaner |
| 2021-07-13 | Earliest Priority Date for U.S. Patent No. 11,826,534 |
| 2022-11-01 | Approximate date Defendants allegedly gained knowledge of patent application |
| 2023-11-28 | U.S. Patent No. 11,826,534 issues |
| 2023-12-06 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 11,826,534 - “Ear, Nose, and throat irrigator” (’534 Patent)
Issued: November 28, 2023
The Invention Explained
- Problem Addressed: The patent describes a problem with conventional ear, nose, and throat irrigators where the "washing liquid is prone to splash around when sprayed," which is inconvenient for the user (ʼ534 Patent, col. 1:17-24).
- The Patented Solution: The invention proposes a device with a "shielding cover" arranged on the spray head. This cover is "configured to shield water sprayed from the spray head," thereby preventing the liquid from splashing onto the user or the device itself (ʼ534 Patent, col. 1:42-45). The patent also describes a specific housing layout where a vertical portion and a horizontal portion are "connected in a '7' shape" to house the components, such as the water pump and power supply, in an ergonomic arrangement (ʼ534 Patent, col. 2:1-5).
- Technical Importance: The claimed solution aims to improve the user experience of a personal medical device by enhancing convenience and cleanliness during operation (ʼ534 Patent, col. 1:20-24).
Key Claims at a Glance
- The complaint asserts independent claim 16 and dependent claims 17 and 18 (Compl. ¶¶17-19).
- Independent Claim 16 requires:
- An ear, nose, and throat irrigator comprising: a bottle body, a housing, a water pump, a first tube body, a second tube body, and a shielding cover;
- a first end of the housing is connected with the bottle body;
- a spray head is arranged on a second end of the housing;
- the water pump is arranged in the housing;
- a first end of the first tube body is inserted into the bottle body; a second end of the first tube body is connected with a water inlet joint of the water pump;
- a first end of the second tube body is connected with a water outlet joint of the water pump; a second end of the second tube body is connected with the spray head;
- the shielding cover is arranged on the spray head; the shielding cover is configured to shield water sprayed from the spray head;
- the housing comprises a vertical portion and a horizontal portion; the vertical portion and the horizontal portion are connected in a "7" shape;
- the vertical portion is connected with the bottle body;
- the ear, nose, and throat irrigator further comprises a power supply; the power supply is arranged in the horizontal portion;
- the water pump is arranged in the vertical portion.
- The complaint reserves the right to assert other claims (Compl. ¶25).
III. The Accused Instrumentality
Product Identification
The accused products are identified as "electric ear wax cleaner" devices sold by Defendants on e-commerce platforms like Amazon.com (Compl. ¶¶15, 21).
Functionality and Market Context
The complaint alleges the accused products are handheld, battery-powered irrigators that draw fluid from a bottle, pump it through internal tubing, and expel it through a spray head (Compl. ¶21). An annotated photograph in the complaint shows the disassembled product, identifying key components such as the "bottle body," "housing," "water pump," "spray head," and tubes. (Compl. ¶21, p. 7). Another image displays the accused product's internal layout, with callouts for the "power supply 900" and "water pump 300" within the housing. (Compl. ¶21, p. 7). The complaint alleges Defendants use these infringing products to attract consumers and compete with Plaintiff's legitimate marketplace (Compl. ¶10).
IV. Analysis of Infringement Allegations
’534 Patent Infringement Allegations
| Claim Element (from Independent Claim 16) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| An ear, nose, and throat irrigator, comprising: a bottle body, a housing, a water pump, a first tube body, a second tube body, and a shielding cover | The accused product is an ear, nose, and throat irrigator comprising a bottle body (100), housing (200), water pump (300), first tube body (400), second tube body (500), and shielding cover (600). The complaint presents an assembled view of the accused product with these components labeled. (Compl. ¶21, p. 7). | ¶22 | col. 3:17-21 |
| wherein a first end of the housing is connected with the bottle body; a spray head is arranged on a second end of the housing; the water pump is arranged in the housing | A first end of the housing connects to the bottle body; a spray head is on the second end of the housing; and a water pump is arranged within the housing. The complaint provides a photo of the disassembled product showing the housing (200) relative to the bottle (100) and spray head (700). (Compl. ¶21, p. 7). | ¶22 | col. 3:21-24 |
| a first end of the first tube body is inserted into the bottle body; a second end of the first tube body is connected with a water inlet joint of the water pump | The accused product has a first tube body (400) with one end inserted into the bottle body (100) and the other end connected to the water inlet of the pump (300). | ¶22 | col. 3:24-27 |
| a first end of the second tube body is connected with a water outlet joint of the water pump; a second end of the second tube body is connected with the spray head | The accused product has a second tube body (500) connecting the water outlet of the pump (300) to the spray head (700). | ¶22 | col. 3:27-30 |
| the shielding cover is arranged on the spray head; the shielding cover is configured to shield water sprayed from the spray head | The accused product’s shielding cover (600) is arranged on the spray head (700) and is configured to shield sprayed water. A photograph shows the "shielding cover 600" on the "spray head 700." (Compl. ¶21, p. 6). | ¶22 | col. 3:30-33 |
| wherein the housing comprises a vertical portion and a horizontal portion; the vertical portion and the horizontal portion are connected in a "7" shape; the vertical portion is connected with the bottle body | The accused product’s housing (200) allegedly has vertical and horizontal portions connected in a "7" shape, with the vertical portion connected to the bottle body (100). The complaint includes a labeled photograph of the accused product's exterior, identifying the "horizontal portion of housing 200" and "vertical portion of housing 200." (Compl. ¶21, p. 6). | ¶22 | col. 2:1-3 |
| the ear, nose, and throat irrigator further comprises a power supply; the power supply is arranged in the horizontal portion; the water pump is arranged in the vertical portion | The accused product includes a power supply (900) in the horizontal portion of the housing and a water pump (300) in the vertical portion. An interior view of the accused device shows the relative placement of these components. (Compl. ¶21, p. 7). | ¶22 | col. 2:3-5 |
Identified Points of Contention
- Scope Questions: A central question may be the interpretation of "connected in a '7' shape." The complaint alleges the accused product's L-shaped housing meets this limitation. The court will need to determine if this term requires the specific geometry illustrated in the patent’s figures or if it can be read more broadly to cover any generally L-shaped housing.
- Technical Questions: The complaint provides only conclusory allegations that the accused "shielding cover" is "configured to shield water sprayed from the spray head." A potential point of dispute could be whether the accused component, a translucent plastic disc, performs the same function in the same way as the cover described in the patent, which is presented as the solution to the splashing problem.
V. Key Claim Terms for Construction
The Term: "connected in a '7' shape"
Context and Importance: This term defines the fundamental architecture of the device's housing. The infringement analysis depends on whether the accused product's housing, which appears to be a standard L-shape, falls within the scope of this specific, quoted term. Practitioners may focus on this term because its non-standard phrasing suggests a potential distinction from generic right-angle housings.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification states the housing "comprises a vertical portion and a horizontal portion" that are "connected in a '7' shape" without providing further geometric constraints in the text, which could support an interpretation covering any housing with distinct vertical and horizontal sections (ʼ534 Patent, col. 2:1-2).
- Evidence for a Narrower Interpretation: The figures consistently depict a specific configuration where the horizontal portion extends forward from the top of the vertical portion (ʼ534 Patent, FIG. 1, FIG. 2). A defendant may argue that the term should be limited to the embodiment shown in these drawings.
The Term: "shielding cover"
Context and Importance: This element is the primary point of novelty asserted in the patent’s background section, which identifies splashing as the key problem to be solved. Whether the accused component qualifies as a "shielding cover" is critical to infringement.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claim requires only that the cover is "arranged on the spray head" and is "configured to shield water sprayed from the spray head" (ʼ534 Patent, col. 6:51-53). This functional language could be interpreted to read on any component that acts as a splash guard.
- Evidence for a Narrower Interpretation: The specification describes optional features of the cover, such as being "transparent" (ʼ534 Patent, col. 5:6-7) or having a thickness that "gradually decreases from a middle portion to a periphery portion" to create a magnifying effect (ʼ534 Patent, col. 5:15-24). A party could argue that these features inform the meaning of a "shielding cover" as something more than a simple disc.
VI. Other Allegations
- Indirect Infringement: The complaint alleges active inducement, stating that Defendants induce others (presumably end-users) to practice the ’534 Patent (Compl. ¶32). The factual basis for inducement is not detailed beyond the act of selling the accused products.
- Willful Infringement: The complaint alleges willful infringement based on Defendants having "Actual Knowledge of Infringement" (Compl. ¶37). The specific factual basis for this knowledge is an alleged interaction in November 2022, where "Defendants approached the Plaintiff for purchasing of the products from Plaintiff," at which point they allegedly became "well-aware of the patent application filed by Plaintiff" (Compl. ¶37).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the term "connected in a '7' shape," which is used with quotation marks in the patent, be construed to cover the accused product's conventional L-shaped housing, or is it limited to the specific geometry shown in the patent's figures?
- A second key issue will be one of functional construction: does the accused product's simple translucent disc function as the claimed "shielding cover," which the patent presents as the specific solution to the problem of splashing liquid during use?
- A major factual question for trial will be the claim of pre-suit knowledge: what evidence exists to support the allegation that Defendants were "well-aware" of the patent application as early as November 2022, an entire year before the patent issued, and how will this awareness impact the claim for willful infringement?