DCT
1:25-cv-00371
Checkers Industrial Products LLC v. Driver Industrial OpCo LLC
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Checkers Industrial Products LLC (Colorado)
- Defendant: Driver Industrial Opco LLC (Delaware)
- Plaintiff’s Counsel: Michael Best & Friedrich LLP
- Case Identification: 1:25-cv-00371, D. Colo., 02/04/2025
- Venue Allegations: Venue is asserted based on the defendant allegedly conducting business in the District of Colorado, including maintaining a place of business, and because a substantial part of the events giving rise to the claims allegedly occurred in the district.
- Core Dispute: Plaintiff alleges that Defendant’s Driver LED SafetyWhips® SC series of vehicle safety lights infringes patents related to the design and assembly of LED whip light assemblies.
- Technical Context: The technology concerns lighting assemblies for industrial vehicles, known as "whip lights," which are designed to improve vehicle visibility and safety in harsh operational environments.
- Key Procedural History: The complaint alleges that Plaintiff provided Defendant with notice of infringement for both asserted patents on November 12, 2024, approximately three months prior to filing the lawsuit. This notification is cited as the basis for willful infringement allegations.
Case Timeline
| Date | Event |
|---|---|
| 2012-09-21 | Earliest Priority Date for '929 and '536 Patents |
| 2015-06-09 | '929 Patent Issued |
| 2015-06-30 | '536 Patent Issued |
| 2024-11-12 | Plaintiff Notifies Defendant of Alleged Infringement |
| 2025-02-04 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 9,050,929 - “LED Whip Light Assembly,” Issued June 9, 2015
The Invention Explained
- Problem Addressed: The patent describes conventional warning whip lights, such as the industry standard 1156 bulb and socket, as being "susceptible to failure, especially under severe vibration and impact forces" common in industrial settings (’929 Patent, col. 1:33-36).
- The Patented Solution: The invention is a durable, modular LED-based whip light assembly. It consists of a base that attaches to the whip rod, an internal LED light assembly with a circuit board, and a protective lens. The key feature is the "releasable, liquid-tight connection" between the lens and the base, which protects the internal electronics while allowing for easier replacement or service compared to prior art designs (’929 Patent, Abstract; col. 4:65-col. 5:4).
- Technical Importance: This design approach sought to improve the reliability and serviceability of safety lights on industrial vehicles by replacing fragile, hard-to-secure incandescent bulbs with robust, modular LED components. (’929 Patent, col. 1:33-44).
Key Claims at a Glance
- The complaint asserts at least claim 1 (Compl. ¶19).
- Independent Claim 1 requires:
- a base configured to mount to an elongate whip rod;
- an LED light assembly mounted to the base and comprising: a plurality of LED lights and an LED circuit comprising a circuit board to which the plurality of LED lights are mounted;
- a lens mounted to the base with a releasable, liquid-tight connection, the lens covering the plurality of LED lights.
- The complaint does not explicitly reserve the right to assert dependent claims.
U.S. Patent No. 9,067,536 - “LED Whip Light Assembly,” Issued June 30, 2015
The Invention Explained
- Problem Addressed: As a divisional of the application that led to the ’929 Patent, this patent addresses the same technical problem: the unreliability of conventional vehicle whip lights in high-vibration environments (’536 Patent, col. 1:36-39).
- The Patented Solution: The ’536 Patent claims the method of assembling the apparatus described in the ’929 Patent. The claimed process involves providing the core components (base, LED assembly, lens), connecting the base to the whip rod, and then "releasably connecting" the LED assembly to the base and the lens to the base to form a liquid-tight seal (’536 Patent, col. 3:1-4).
- Technical Importance: By claiming the assembly method, the patent protects the specific manufacturing process that creates the durable, modular, and weather-resistant features of the final product. (’536 Patent, col. 3:1-4).
Key Claims at a Glance
- The complaint asserts at least claim 1 (Compl. ¶34).
- Independent Claim 1 requires the steps of:
- providing a base, an LED light assembly comprising a plurality of LED lights and control circuitry, and a lens;
- connecting the base to an elongate whip rod with a liquid-tight connection;
- releasably connecting the LED light assembly to the base;
- covering the LED light assembly with the lens and releasably connecting the lens to the base with a liquid-tight connection.
- The complaint does not explicitly reserve the right to assert dependent claims.
III. The Accused Instrumentality
Product Identification
- The Driver LED SafetyWhips® SC series ("Accused Products") (Compl. ¶1).
Functionality and Market Context
- The Accused Products are described as LED whip light assemblies used to provide "extended visibility of vehicles and other equipment" (Compl. ¶21). The complaint presents them as direct competitors to the Plaintiff's own whip light products (Compl. ¶17).
- An exploded view of the accused product shows its components, including an 'Impact & Break Resistant Lexan Casing,' a 'Red Seal Ring,' and a 'Magnet (To Adjust Light Modes)' (Compl. ¶16, p. 4). This visual suggests a modular design with a sealed, protective housing.
IV. Analysis of Infringement Allegations
’929 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a base configured to mount to an elongate whip rod | The Accused Products include a base that is configured to mount to an elongate whip rod. | ¶22 | col. 4:20-22 |
| an LED light assembly mounted to the base | The Accused Products include an LED light assembly mounted to the base. | ¶23 | col. 4:24-25 |
| and comprising: a plurality of LED lights | The LED light assembly of the Accused Products includes a plurality of LED lights. | ¶24 | col. 4:25-26 |
| an LED circuit comprising a circuit board to which the plurality of LED lights are mounted | The LED light assembly of the Accused Products includes an LED circuit comprising a circuit board to which the plurality of LED lights is mounted. | ¶25 | col. 4:26-28 |
| a lens mounted to the base with a releasable, liquid-tight connection | The LED light assembly of the Accused Products includes a lens mounted to the base with a releasable, liquid tight connection. | ¶26 | col. 5:1-4 |
| the lens covering the plurality of LED lights | The lens of the Accused Products covers the LED lights. | ¶27 | col. 5:2-4 |
- Identified Points of Contention:
- Scope Questions: A central question may be whether the accused product's connection mechanism—which appears to be a threaded casing with a "Red Seal Ring" (Compl. p. 4)—falls within the scope of a "releasable, liquid-tight connection" as defined by the patent.
- Technical Questions: The analysis may focus on whether the accused product's seal achieves the level of "liquid-tight" protection contemplated by the patent and whether its assembly is "releasable" in a manner that allows for component replacement, as described in the specification (’929 Patent, col. 2:5-7).
’536 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| providing a base, an LED light assembly comprising a plurality of LED lights and control circuitry, and a lens | The Accused Products are assembled by providing a base, an LED light assembly including a plurality of LED lights and control circuitry, and a lens. | ¶37 | col. 2:63-65 |
| connecting the base to an elongate whip rod with a liquid-tight connection | The Accused Products are further assembled by connecting the base to an elongate whip rod with a liquid-tight connection. | ¶38 | col. 3:1-3 |
| releasably connecting the LED light assembly to the base | The Accused Products are further assembled by releasably connecting the LED light assembly to the base. | ¶39 | col. 3:1-3 |
| covering the LED light assembly with the lens and releasably connecting the lens to the base with a liquid-tight connection | The Accused Products are further assembled by covering the LED light assembly with the lens and releasably connecting the lens to the base with a liquid-tight connection. | ¶40 | col. 3:1-4 |
- Identified Points of Contention:
- Scope Questions: The dispute over the method claim will likely parallel the apparatus claim, focusing on whether the defendant's manufacturing process includes steps that meet the definitions of "releasably connecting" and ensuring a "liquid-tight connection."
- Technical Questions: Evidence of the defendant's actual assembly process will be critical. The court will need to determine if that process constitutes "connecting" and "releasably connecting" the specified components as claimed.
V. Key Claim Terms for Construction
- The Term: "releasable, liquid-tight connection"
- Context and Importance: This term appears in both asserted independent claims (directly in the ’929 Patent and incorporated through the assembly steps in the ’536 Patent) and is central to the invention's purported improvement over the prior art. The outcome of the infringement analysis for both patents may hinge on how this term is construed.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification suggests multiple ways to achieve the connection, stating that besides threads, "a bayonet lock, a snap-fit connection, or interference fit connection may be used to secure lens 22 to base 20" (’929 Patent, col. 5:49-53). This language could support a construction that is not limited to a single type of mechanism.
- Evidence for a Narrower Interpretation: A party could argue that the term should be limited by the embodiments shown, which consistently depict a threaded connection (e.g., threads 48 on lens 22) in conjunction with a distinct "sealing member 49" that creates the liquid-tight seal (’929 Patent, Fig. 7A, col. 5:45-48). The Abstract also describes the lens as being mounted "with a releasable, liquid-tight connection," suggesting the two characteristics are part of a single, integrated feature.
VI. Other Allegations
- Indirect Infringement: The complaint alleges that Driver induces infringement by "actively encouraging distributors, customers, and others to sell, offer for sale, use and/or import the Accused Products" (Compl. ¶30, ¶43). The complaint does not, however, plead specific facts supporting this encouragement, such as references to user manuals or marketing materials.
- Willful Infringement: The complaint alleges that Driver has had knowledge of the patents and its alleged infringement since at least November 12, 2024, when it was provided with a notice of infringement (Compl. ¶31-33, ¶44-46). This alleged pre-suit knowledge forms the basis for the willfulness claims for both patents (Compl. ¶51, ¶60).
VII. Analyst’s Conclusion: Key Questions for the Case
A core issue will be one of definitional scope: can the term “releasable, liquid-tight connection,” as defined by the patent specification, be construed to read on the accused product’s threaded casing and "Red Seal Ring" design? The patent’s disclosure of multiple connection types may support a broader construction, while the specific embodiments may be argued to limit its scope.
A second central question will be one of willfulness: given the specific allegation that the plaintiff provided notice of infringement nearly three months before filing suit, the defendant’s conduct both before and after that date will be under scrutiny. The case may turn on what actions, if any, the defendant took in response to the notice letter.