1:24-cv-12808
Guangdong Aoyun Technology Co Ltd v. Partnerships Unincorp Associations
I. Executive Summary and Procedural Information
Parties & Counsel:
- Plaintiff: Guangdong Aoyun Technology Co Ltd. (China)
- Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A (Jurisdiction unknown, alleged to be China or other foreign jurisdictions)
- Plaintiff’s Counsel: Palmer Law Group, P.A.
Case Identification: 1:24-cv-12808, N.D. Ill., 12/12/2024
Venue Allegations: Venue is based on allegations that the unnamed Defendants operate interactive e-commerce stores that directly target and make sales to consumers in the United States, including Illinois.
Core Dispute: Plaintiff alleges that Defendants’ “Combined Type Hand Warmer” products, sold through a network of online storefronts, infringe a patent related to a hand warmer constructed of two separable units.
Technical Context: The technology resides in the consumer electronics field of portable, rechargeable personal heating devices, specifically hand warmers.
Key Procedural History: The asserted patent is a continuation-in-part of a prior application that has since issued as a patent, which may be relevant for determining the effective priority date of the claims. The complaint is a "Schedule A" action, a procedural mechanism often used to target a large number of anonymous online sellers who are alleged to be operating in concert.
Case Timeline
| Date | Event |
|---|---|
| 2022-10-17 | Earliest Priority Date (filing of parent application) |
| 2024-10-15 | U.S. Patent No. 12,115,099 Issued |
| 2024-12-12 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
Patent Identification: U.S. Patent No. 12,115,099, “Combined Type Hand Warmer,” issued October 15, 2024 (the “'099 Patent”).
The Invention Explained:
- Problem Addressed: The patent’s background section notes that conventional hand warmers are typically single-unit devices, which makes it "difficult to warm both hands/multiple body parts at the same time" (’099 Patent, col. 1:20-24). This is particularly inconvenient when a user needs to perform different actions with each hand or warm multiple areas of the body simultaneously (’099 Patent, col. 1:24-29).
- The Patented Solution: The invention is a modular hand warmer composed of two distinct units that can be detachably connected to form a single, larger device or separated for individual use (’099 Patent, Abstract). The connection is achieved through features on the "connection inner surface" of each unit, which allow them to be joined by "buckling or magnetic attraction" (’099 Patent, col. 4:49-54). This design allows a user to either combine the units to create a larger warming surface for one hand or separate them to warm both hands independently (’099 Patent, col. 4:43-54).
- Technical Importance: The claimed invention offers increased versatility over prior single-body hand warmers by allowing the user to adapt the device's form factor to their specific needs (’099 Patent, col. 4:55-65).
Key Claims at a Glance:
- The complaint asserts infringement of at least independent Claim 1 (Compl. ¶25).
- Claim 1 requires:
- A combined type hand warmer, comprising a first hand warmer unit and a second hand warmer unit
- Each unit having a first/second outer surface and an opposite first/second connection inner surface
- Each connection inner surface comprising a first/second connection part
- The first connection part is connected to the second connection part by "buckling or magnetic attraction"
- This connection combines the two units into a whole
III. The Accused Instrumentality
Product Identification: The accused products are identified as the “Combined Type Hand Warmer” and referred to generally as the "Infringing Products" (Compl. ¶3). These products are allegedly sold by Defendants through various e-commerce stores operating under the "Seller Aliases" listed in Schedule A to the complaint (Compl. ¶4).
Functionality and Market Context: The complaint does not provide a detailed technical description of the accused products' operation. It makes a conclusory allegation that, "Upon examination of the Infringing Product, each element of claim 1 of the ‘099 patent is met and practiced by the Infringing Products" (Compl. ¶25). The complaint frames the Defendants as a network of anonymous online sellers who use tactics to conceal their identities while selling infringing goods to consumers in the U.S. (Compl. ¶5, ¶11, ¶19). No probative visual evidence provided in complaint.
IV. Analysis of Infringement Allegations
’099 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A combined type hand warmer, comprising a first hand warmer unit and a second hand warmer unit... | The complaint alleges the accused products are combined-type hand warmers that practice all elements of Claim 1. | ¶25 | col. 4:29-30 |
| wherein the first hand warmer unit comprises a first outer surface and a first connection inner surface opposite to the first outer surface, the second hand warmer unit comprises a second outer surface and a second connection inner surface opposite to the second outer surface; | The complaint alleges the accused products practice this element, implying they consist of two units, each with an outer surface and an opposing inner connection surface. | ¶25 | col. 4:61-65 |
| the first connection inner surface comprises a first connection part, the second connection inner surface comprises a second connection part... | The complaint alleges the accused products practice this element, implying the inner surfaces of the units contain corresponding connection components. | ¶25 | col. 4:30-34 |
| and the first connection part is connected to the second connection part by buckling or magnetic attraction, so that the first connection inner surface is connected to the second connection inner surface, and the first hand warmer unit and the second hand warmer unit are combined into a whole. | The complaint alleges the accused products practice this element, implying their two units can be joined together into a single device using either a buckling mechanism or magnetic force. | ¶25 | col. 5:9-14 |
- Identified Points of Contention:
- Evidentiary Questions: The complaint makes a blanket assertion that the accused products meet every element of Claim 1 (Compl. ¶25). A primary point of contention will be an evidentiary one: what specific evidence will Plaintiff produce to demonstrate that the products sold by the numerous, anonymous "Schedule A" defendants in fact practice the claimed connection mechanism and overall structure?
- Technical Questions: The complaint does not specify whether the accused products are alleged to connect via "buckling" or "magnetic attraction." The actual method of connection used by the accused products will be a central technical question, which will directly inform the analysis of claim scope.
V. Key Claim Terms for Construction
The Term: "buckling"
Context and Importance: This term, along with "magnetic attraction," defines the core functional mechanism for joining the two hand warmer units. The scope of "buckling" is critical because it will determine what types of non-magnetic mechanical connections fall within the claim. Practitioners may focus on this term because the specification describes a specific buckle-and-slot embodiment (’099 Patent, col. 5:35-42), raising the question of whether the claim term is limited to that structure.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: Claim 1 uses the word "buckling" without further qualification, which may support an argument for its plain and ordinary meaning, potentially covering a range of interlocking mechanical fasteners. The patent also lists "male and female fasteners, hook and loop fasteners and the like" as other possible detachable connection methods, which could suggest the patentee contemplated a broader category of mechanical connections (’099 Patent, col. 5:48-50).
- Evidence for a Narrower Interpretation: The specification provides a detailed description and corresponding figures for a specific embodiment where the connection is made by a "first buckle" and a "first buckle slot" (’099 Patent, col. 5:35-42; FIG. 4). A defendant might argue that these specific disclosures limit the term "buckling" to the structures shown and described, rather than any generic mechanical interlock.
VI. Other Allegations
Indirect Infringement: The complaint alleges that Defendants "jointly and severally, knowingly and willfully offered for sale, sold, and/or imported into the United States... the same product that infringes directly and/or indirectly the ‘099 patent" (Compl. ¶22). The prayer for relief also seeks to enjoin "aiding, abetting, contributing to, or otherwise assisting" infringement (Prayer for Relief ¶1(b)). However, the complaint does not plead specific facts to support the knowledge and intent elements required for a claim of induced infringement.
Willful Infringement: The complaint alleges that Defendants are "working in active concert to knowingly and willfully" infringe and that their infringement "was willful" (Compl. ¶22, ¶23). This allegation appears to be based on the alleged general knowledge of the infringing enterprise rather than specific knowledge of the ’099 Patent itself.
VII. Analyst’s Conclusion: Key Questions for the Case
A central issue will be one of evidence and attribution: given the "Schedule A" nature of the defendants, can the Plaintiff produce sufficient evidence to prove not only that the accused products meet every limitation of the asserted claim, but also that each anonymous online storefront is legally responsible for the sale of those specific products?
The case may also turn on a question of claim scope: can the term "buckling" be construed broadly to cover a variety of mechanical interlocking mechanisms, or will it be limited by the court to the specific buckle-and-slot embodiments detailed in the patent’s specification? The answer will determine the range of accused products that can be found to infringe.