Lund Motion Products Inc v. Meyer Distributing Inc

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: Lund Motion Products, Inc. d/b/a AMP Research (Delaware)
  • Defendant: Meyer Distributing, Inc. a/k/a Meyer Truck Equipment (Indiana)
  • Plaintiff’s Counsel: Kahn, Dees, Donovan & Kahn, LLP; Knobbe, Martens, Olson & Bear, LLP
• Case Identification: 3:22-cv-00171, S.D. Ind., 10/28/2022
• Venue Allegations: Plaintiff alleges venue is proper in the Southern District of Indiana because Defendant is incorporated in Indiana and maintains an address of incorporation within the district.
• Core Dispute: Plaintiff alleges that Defendant’s distribution and sale of aftermarket retractable vehicle steps infringes four patents related to the automated control and mechanical structure of such steps.
• Technical Context: The technology concerns automated, retractable running boards for trucks and SUVs, which deploy when a door is opened and retract when closed, representing a significant segment of the automotive aftermarket accessories industry.
• Key Procedural History: The complaint alleges Defendant has been a distributor for Plaintiff's own patented "PowerStep™" products and has hosted Plaintiff's marketing materials on its website since at least 2011, which materials allegedly included visible patent marking inscriptions.

Case Timeline

Date	Event
2011-01-01	Alleged latest date Defendant was on notice of Plaintiff's patent protections
2013-01-01	Lund acquires assets of AMP Research
2013-11-01	Earliest Patent Priority Date ('667, '449, '717, '395 Patents)
2016-03-01	U.S. Patent No. 9,272,667 Issues
2016-12-06	U.S. Patent No. 9,511,717 Issues
2016-12-27	U.S. Patent No. 9,527,449 Issues
2021-12-14	U.S. Patent No. 11,198,395 Issues
2022-10-28	Complaint Filing Date

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 9,272,667 - "Automated Retractable Vehicle Step"

• Patent Identification: U.S. Patent No. 9,272,667, "Automated Retractable Vehicle Step," issued March 1, 2016.

The Invention Explained

• Problem Addressed: The patent describes the installation of aftermarket automated vehicle steps as often being complex and expensive, potentially requiring significant disassembly of vehicle doors or splicing into existing vehicle wiring by skilled technicians (’667 Patent, col. 1:43-49, col. 2:1-19).
• The Patented Solution: The invention claims to solve this problem with a "plug-and-play" system that includes a vehicle interface designed to connect to a pre-existing electronics port on the vehicle, such as an On-Board Diagnostic (OBD-II) port (’667 Patent, Abstract; col. 2:38-51). This interface allows a controller to receive vehicle data, like door open/closed status, from the vehicle's existing computer system without requiring modification of the vehicle's wiring or components, thereby simplifying installation (’667 Patent, FIG. 2A).
• Technical Importance: This approach lowers the installation barrier for automated running boards, reducing the need for specialized labor and making the technology more accessible to the "do it yourself" market (’667 Patent, col. 1:50-57).

Key Claims at a Glance

• The complaint asserts infringement of at least independent Claim 1 (Compl. ¶29).
• Claim 1 requires:
  • A powered retractable vehicle step assist system with a movable stepping member, at least one support member, and a motor.
  • A vehicle interface configured to connect with an "already existing electronics port" to electronically receive data generated by the vehicle's existing electronics.
  • A controller that uses the received data to cause the motor to move the stepping member.
  • The received data must comprise "door opened/closed status information originating from door electronics that do not incorporate any wireless sensors."
• The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 9,527,449 - "Controlling a Powered Vehicle Step"

• Patent Identification: U.S. Patent No. 9,527,449, "Controlling a Powered Vehicle Step," issued December 27, 2016.

The Invention Explained

• Problem Addressed: The patent background identifies the need for an automated step assist solution that can be installed with reduced complexity and expense, particularly in an aftermarket context (’449 Patent, col. 1:20-25).
• The Patented Solution: The patent describes a method of controlling an aftermarket step system by electronically obtaining door status information from a vehicle's "digital communication bus" (’449 Patent, Abstract). The system then electronically processes this information with an algorithm to determine when to command a motor to deploy or retract a stepping deck, thereby leveraging the vehicle's onboard data network for control signals (’449 Patent, col. 4:1-13).
• Technical Importance: This method provides a way to integrate an aftermarket accessory with a modern vehicle's complex electronics using a standardized data interface rather than custom wiring.

Key Claims at a Glance

• The complaint asserts infringement of at least independent Claim 12 (Compl. ¶44).
• Claim 12 requires a method of controlling an after-market step system, comprising the steps of:
  • Electronically obtaining door status information from a digital communication bus of the vehicle.
  • Electronically processing the door status information with an algorithm to determine if movement is appropriate.
  • Commanding a motor to move the stepping deck between a retracted and deployed position.
• The complaint does not explicitly reserve the right to assert dependent claims.

Multi-Patent Capsule: U.S. Patent No. 9,511,717 - "Automated Retractable Vehicle Step"

• Patent Identification: U.S. Patent No. 9,511,717, "Automated Retractable Vehicle Step," issued December 6, 2016.
• Technology Synopsis: This patent describes a system comprising three main components: a mechanical "step unit," a "vehicle interface" for connecting to an existing vehicle electronics port, and a "controller." The controller receives data from the vehicle via the interface and, in response, issues commands to the step unit to perform operations like deploying or retracting (’717 Patent, Abstract). The invention focuses on the system architecture that separates the interface, control, and mechanical functions.
• Asserted Claims: At least Claim 9 is asserted (Compl. ¶59).
• Accused Features: The complaint alleges infringement by the Accused Products having a step unit, a vehicle interface that connects to the OBDII port, and a controller that communicates with both to command the motor based on door status information (Compl. ¶¶62-66).

Multi-Patent Capsule: U.S. Patent No. 11,198,395 - "Automated Retractable Vehicle Step"

• Patent Identification: U.S. Patent No. 11,198,395, "Automated Retractable Vehicle Step," issued December 14, 2021.
• Technology Synopsis: This patent is directed to the mechanical structure of a retractable step system designed to assist passengers with both front and rear doors. The claims focus on a specific arrangement of first and second support members, each comprising a pivotable support arm connected to the vehicle and a support bracket connected to the stepping member (’395 Patent, Claim 1). This dual-linkage structure is driven by a unit coupled to one of the support members and controlled by data from the vehicle's computer system.
• Asserted Claims: At least Claim 1 is asserted (Compl. ¶72).
• Accused Features: The complaint alleges the Accused Products, which are compatible with four-door "Crew Cab" vehicles, infringe by incorporating a stepping member that spans two doors and is supported by first and second support members, each comprising a pivotable support arm and a bracket (Compl. ¶¶77-79).

III. The Accused Instrumentality

Product Identification

• The "Southern Truck Power Step Boards" ("the Accused Products") (Compl. ¶21).

Functionality and Market Context

• The Accused Products are aftermarket, powered retractable step systems for trucks and sport utility vehicles (Compl. ¶¶21, 24). The system is alleged to deploy a stepping board when a vehicle door is opened and retract it when the door is closed (Compl. ¶33, Exhibit E (step 6)). The complaint alleges the system's controller receives door status information by connecting a vehicle interface, or "OBDII Harness," to the vehicle's existing OBD-II port (Compl. ¶¶36-37). An image provided in the complaint shows the Accused Product's OBD-II connector being plugged into the vehicle's port (Compl. p. 10). The complaint alleges these products are manufactured in China, imported by an entity named Southern Truck, LLC, and distributed nationally by Defendant Meyer (Compl. ¶¶20-22).

IV. Analysis of Infringement Allegations

'667 Patent Infringement Allegations

Claim Element (from Independent Claim 1)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
a stepping member having a stepping surface and being movable between a retracted position and a deployed position with respect to the vehicle	The Accused Products include a stepping member that is movable between retracted and deployed positions. The complaint includes photos showing the step in both positions.	¶33	col. 8:52-55
at least one support member connectable with respect to an underside of the vehicle and connected to the stepping member...	The Accused Products include at least one support member, shown in installation diagrams as brackets that connect to the vehicle body and support the stepping member.	¶34	col. 8:56-59
a motor operably coupled to the support member and capable of effectuating movement of the stepping member...	The installation instructions for the Accused Products allegedly show a motor coupled to the support member that effectuates movement.	¶35	col. 8:60-63
a vehicle interface configured to connect with an already existing electronics port of the vehicle and to electronically receive data via the existing electronics port...	The Accused Products include an "OBDII Harness" that serves as a vehicle interface and is configured to connect to the vehicle's existing OBD-II port to receive data.	¶36	col. 8:64-67
a controller in electronic communication with the motor and configured, in response to the data...to cause the motor to effectuate movement...	The Accused Products include a controller that receives data from the OBD-II port and, in response, causes the motor to move the stepping member.	¶37	col. 9:4-9
wherein the data comprises door opened/closed status information originating from door electronics that do not incorporate any wireless sensors...	The complaint alleges the data received is door open/closed status originating from wired door electronics in relevant vehicles, such as the 2020 Sierra and Silverado models.	¶38	col. 9:10-14

• Identified Points of Contention:
  • Scope Questions: A central question may be whether the term "already existing electronics port" in the patent is limited to specific types of ports or broadly covers the OBD-II port used by the Accused Products.
  • Technical Questions: The allegation that the data originates from "door electronics that do not incorporate any wireless sensors" may be a point of dispute. The analysis could involve determining the precise source and composition of the door status signals on a vehicle's CAN bus, and whether any wireless components in the vehicle's broader system contribute to that signal.

'449 Patent Infringement Allegations

Claim Element (from Independent Claim 12)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
electronically obtaining door status information from a digital communication bus of the vehicle;	The Accused Products' controller is configured to receive door status information obtained from the vehicle's digital communication bus via a plug-in connection to the OBD-II port.	¶¶50, 53	col. 4:2-4
electronically processing the door status information according to an algorithm to determine that movement of a stepping deck...is appropriate;	The controller is alleged to process the received door status information with an algorithm that determines to extend the step when a door is open and retract it when a door is closed.	¶51	col. 4:5-8
commanding a motor of the powered vehicle step system...to cause movement of the stepping deck between a retracted position and a deployed position.	The controller is alleged to be configured to command the motor to move the stepping deck between its deployed and retracted positions based on the algorithm's determination.	¶52	col. 4:9-13

• Identified Points of Contention:
  • Scope Questions: A potential dispute may arise over whether "obtaining door status information from a digital communication bus" is met by plugging a connector into an OBD-II port, or if a more direct interaction with the bus is required by the claim language.
  • Technical Questions: The case may require evidence demonstrating that the specific signals on the bus of target vehicles (e.g., 2019-2021 GMC Sierra) are in fact "door status information" and that the accused controller's logic constitutes "processing...according to an algorithm" as contemplated by the patent. An instruction diagram from the complaint shows the motor coupled to the stepping deck (Compl. p. 12).

V. Key Claim Terms for Construction

Term 1 (from '667 Patent)

• The Term: "already existing electronics port"
• Context and Importance: This term is critical to the patent's core "plug-and-play" concept. The infringement case depends on the vehicle's OBD-II port falling within the scope of this term. Practitioners may focus on this term because its construction will determine whether the accused product's use of the OBD-II port meets a central limitation of the claim.
• Intrinsic Evidence for Interpretation:
  • Evidence for a Broader Interpretation: The specification states, "The existing electronics port can be an on-board diagnostic (OBD) port, for example" (’667 Patent, col. 3:15-17). The use of "for example" suggests that the OBD port is an exemplary embodiment, not a limiting one, supporting a construction that includes other types of pre-existing ports.
  • Evidence for a Narrower Interpretation: The primary embodiment illustrated and described in detail relies on the OBD-II port (’667 Patent, FIG. 2A, col. 8:51-54). A party might argue that the invention is defined by this specific implementation and that the term should be construed narrowly to cover only ports of a similar nature and function.

Term 2 (from '449 Patent)

• The Term: "digital communication bus"
• Context and Importance: This term defines the source of the control signal for the claimed method. The infringement allegation hinges on the idea that connecting to the OBD-II port is a means of obtaining information "from" this bus. The dispute may turn on whether the port is considered part of the bus or merely an access point to it.
• Intrinsic Evidence for Interpretation:
  • Evidence for a Broader Interpretation: The specification describes the system obtaining information "via one or more existing communication buses of the vehicle, e.g., via a digital interface such as a serial data link. Some preferred embodiments plug into or otherwise interface with an on-board diagnostic (OBD) port" (’449 Patent, col. 2:5-11). This language directly links the OBD port to the bus as a point of interface.
  • Evidence for a Narrower Interpretation: The abstract distinguishes between the "digital communication bus" and the "plug-in connection to" it, which could suggest they are distinct entities. A party could argue that the claim requires obtaining information from the bus itself, and that simply receiving processed signals at a port does not meet this limitation.

VI. Other Allegations

• Indirect Infringement: The complaint alleges both induced and contributory infringement for all four asserted patents. Inducement is based on allegations that Defendant markets and sells the Accused Products with installation instructions, knowing and intending for end-users to install and use them in an infringing manner (Compl. ¶¶39, 54, 67, 84). Contributory infringement is based on allegations that the Accused Products are material components of the patented invention, are not staple articles of commerce, and are known by Defendant to be especially adapted for infringement (Compl. ¶¶40, 55, 68, 85).
• Willful Infringement: While the complaint does not use the term "willful," it lays the groundwork for such a claim. It alleges that Defendant was "necessarily aware" of Plaintiff's products due to its position in the industry and because Defendant is also a distributor for Plaintiff's patented products (Compl. ¶¶25-26). Crucially, it alleges that Defendant has been on notice of Plaintiff's patent protections "since 2011 at the latest" by hosting Plaintiff's marketing materials which allegedly show patent markings on the products depicted (Compl. ¶27).

VII. Analyst’s Conclusion: Key Questions for the Case

• A core issue will be one of definitional scope: can the term "already existing electronics port," central to the patents' "plug-and-play" contribution, be construed to read on the OBD-II port as used by the Accused Products, or will its meaning be narrowed by the specification's embodiments?
• A second key issue will be one of evidentiary proof: what evidence will be presented to establish that the data signals on the communication buses of the target vehicles originate specifically from "door electronics that do not incorporate any wireless sensors," as required by Claim 1 of the ’667 Patent, and how will the parties characterize the technical nature of that data?
• A third critical question will relate to knowledge and intent: given the allegation that Defendant is a distributor of Plaintiff's own patented products and allegedly had access to materials with patent markings pre-suit, the inquiry into Defendant's state of mind will be central to potential claims for indirect and willful infringement.