DCT
1:20-cv-00090
Blackbird Tech LLC v. Chervon North America Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Blackbird Tech LLC d/b/a Blackbird Technologies (Delaware)
- Defendant: Chervon North America, Inc. (Delaware)
- Plaintiff’s Counsel: Stamoulis & Weinblatt LLC
- Case Identification: 1:20-cv-00090, D. Del., 01/21/2020
- Venue Allegations: Venue is asserted in the District of Delaware on the basis that Defendant is a Delaware corporation and therefore resides in the district.
- Core Dispute: Plaintiff alleges that Defendant’s line of Skil PWRCore power tool batteries, which feature "PWRAssist Mobile Charging," infringes a patent related to battery packs having a primary interface for a power tool and a secondary interface for charging other devices.
- Technical Context: The technology concerns rechargeable battery packs for cordless power tools, which have become ubiquitous in both consumer and professional markets, with an increasing focus on adding multi-purpose functionality.
- Key Procedural History: The complaint does not mention any prior litigation, Inter Partes Review (IPR) proceedings, or licensing history related to the patent-in-suit.
Case Timeline
| Date | Event |
|---|---|
| 2013-03-13 | Earliest Priority Date for U.S. 10,404,079 Patent |
| 2019-09-03 | U.S. 10,404,079 Patent Issued |
| 2020-01-21 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
- Patent Identification: U.S. Patent No. 10,404,079, "Battery Pack," issued September 3, 2019.
The Invention Explained
- Problem Addressed: The patent addresses perceived shortcomings of conventional power tool battery packs, noting they are typically limited to a single purpose (powering a tool) and often lack a clear, persistent indication of their remaining charge (’079 Patent, col. 1:31-37).
- The Patented Solution: The invention is a power tool battery pack with two distinct interfaces. The first interface is conventional, designed to mechanically and electrically connect to a cordless power tool (’079 Patent, col. 8:1-17). The novel aspect is a second, separate interface on the battery housing, such as a USB port or AC plug, that allows the battery pack to function as a standalone power source for charging external electronic devices like cellphones or media players (’079 Patent, Abstract; col. 2:52-59). This dual-interface design seeks to make the power tool battery a more versatile, multi-purpose device.
- Technical Importance: This approach reflects a trend toward consolidating power sources, allowing a single high-capacity battery to serve multiple functions on a job site or in a workshop, reducing the need for separate chargers and power banks (’079 Patent, col. 7:26-34).
Key Claims at a Glance
- The complaint asserts infringement of "one or more claims... including at least claim 1" (Compl. ¶10) and specifies "at least claim 17" in the prayer for relief (Compl. Prayer for Relief ¶A). Claim 17 depends from claim 1.
- Independent Claim 1:
- A cordless power tool battery pack comprising:
- a housing with at least a first side;
- a battery contained in the housing;
- a first interface on the first side with a mechanical interface (including first and second alignment guides) and an electrical interface for connecting to and powering a cordless power tool; and
- a second interface defined in the housing with a second mechanical interface for connecting to a first device and a second electrical interface for supplying power to that first device.
III. The Accused Instrumentality
Product Identification
- The accused products are the "Skil PWRCore 12 Lithium 2.0AH 12V Battery With PWRAssist Mobile Charging," the "Skil PWRCore 12 Lithium 4.0AH 12V Battery With PWRAssist Mobile Charging," and the "Skil 20V 2.0AH PWRCore 20 Lithium Battery With PWRAssist Mobile Charging" (Compl. ¶10).
Functionality and Market Context
- These products are rechargeable lithium-ion batteries for Skil-branded cordless power tools (Compl. ¶10). The complaint highlights the "PWRAssist Mobile Charging" feature, which suggests the batteries include a secondary power output, such as a USB port, for charging other electronic devices, in addition to their primary function of powering tools (Compl. ¶10). A product image of the Skil PWRCore 12 Lithium 2.0AH 12V Battery is provided as Exhibit B to the complaint, illustrating the product's physical appearance (Compl. ¶10).
IV. Analysis of Infringement Allegations
The complaint alleges that the accused products contain all elements of claim 1 but does not provide a detailed element-by-element mapping (Compl. ¶10). The following chart summarizes the apparent infringement theory based on the complaint's allegations and the nature of the accused products.
’079 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a cordless power tool battery pack comprising: a housing comprising at least a first side...; a battery contained in the housing; | The accused Skil PWRCore batteries are power tool battery packs containing a battery within a physical housing (Compl. ¶10). | ¶10 | col. 7:61-65 |
| a first interface defined in the first side of the housing comprising: a first mechanical interface comprising: a first alignment guide... and a second alignment guide... wherein the first and second alignment guides are configured to slidably and detachably connect the battery pack to a cordless power tool; a first electrical interface... configured to... supply the cordless power tool with power from the battery; | The accused batteries possess a primary interface for connecting to Skil power tools. This interface includes the mechanical slide-on rails and electrical contacts necessary to power the tool (Compl. ¶10). | ¶10 | col. 8:1-17 |
| a second interface defined in the housing comprising: a second mechanical interface configured to mechanically and detachably connect the battery pack to a first device; and a second electrical interface... configured to... supply the first device with power from the battery. | The "PWRAssist Mobile Charging" feature of the accused batteries constitutes the second interface. This is likely a USB port that allows a user to mechanically connect a charging cable for an external device (e.g., a phone) and electrically supply power to it from the battery pack (Compl. ¶10). Images of the accused products are referenced in Exhibits B, C, and D of the complaint (Compl. ¶10). | ¶10 | col. 8:18-28 |
Identified Points of Contention
- Technical Questions: The complaint's allegations are conclusory. A central question will be whether the accused "PWRAssist Mobile Charging" feature, likely a standard USB port, meets the specific limitations of the "second interface." The claim requires both a "second mechanical interface" and a "second electrical interface." The defense may argue that a USB port is a single, integrated connector, not a combination of two distinct interfaces as claimed.
- Scope Questions: A dispute may arise over the meaning of "mechanically... connect the battery pack to a first device." Does plugging a USB cable into the battery pack and connecting the other end to a phone mean the battery pack is "mechanically connected" to the phone, as the claim requires, or is the connection mediated by the cable in a way that falls outside the claim's scope?
V. Key Claim Terms for Construction
- The Term: "second mechanical interface configured to mechanically and detachably connect the battery pack to a first device"
- Context and Importance: This term is critical because it defines the novel feature of the invention. The infringement analysis will depend on whether a standard feature like a USB port, into which a cable is inserted, satisfies this limitation. Practitioners may focus on this term because its construction will likely determine whether the "PWRAssist Mobile Charging" feature infringes.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification discloses that the second interface can be a "female universal serial bus (USB) port" (’079 Patent, col. 8:29-31) and is for connecting to devices like a "mobile telecommunications device" (’079 Patent, col. 8:32-33). This could support a reading where plugging a standard cable into the port constitutes the claimed mechanical connection to the end device.
- Evidence for a Narrower Interpretation: The claim language requires the interface to "connect the battery pack to a first device," not to a cable. The detailed description of the "first mechanical interface" involves direct, sliding engagement with the tool via alignment guides (’079 Patent, col. 8:2-11). A party could argue that, for consistency, the "second mechanical interface" must also involve a more direct mechanical engagement between the battery housing and the device being charged, rather than a loose connection via a flexible cable.
VI. Other Allegations
- Indirect Infringement: The complaint does not allege indirect infringement.
- Willful Infringement: The complaint does not allege willful infringement. It requests a finding that the case is "exceptional" under 35 U.S.C. § 285 to recover attorney's fees, but this is a separate standard from willfulness (Compl. Prayer for Relief ¶D).
VII. Analyst’s Conclusion: Key Questions for the Case
This case appears to hinge on fundamental questions of claim scope and evidentiary proof, stemming from a complaint that provides minimal factual detail.
- A primary issue will be one of claim construction: Does the phrase "second mechanical interface configured to mechanically... connect the battery pack to a first device" require a direct physical coupling between the battery housing and the external device, or can it be satisfied by the conventional act of plugging a cable into a USB port on the battery?
- A key evidentiary question will be one of technical mapping: Assuming a favorable claim construction, can the Plaintiff provide sufficient evidence to demonstrate that the accused "PWRAssist Mobile Charging" feature, as implemented, meets every element of the asserted claims, particularly the distinction between a "second mechanical interface" and a "second electrical interface"?