DCT

5:23-cv-00505

FBA Operating Co. v. ETN Capital, LLC

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 5:23-cv-00505, E.D.N.C., 09/30/2024
  • Venue Allegations: Venue is alleged to be proper as Defendant does business in and has committed acts of infringement in the district.
  • Core Dispute: Plaintiff alleges that Defendant’s Wireless RV Leveling System infringes a patent related to systems that use a sensor and a smart device to guide vehicle leveling.
  • Technical Context: The technology addresses the market for recreational vehicle accessories, using modern electronics and smartphone integration to simplify the historically manual and error-prone process of leveling an RV.
  • Key Procedural History: This Second Amended Complaint follows prior proceedings, including a motion for a temporary restraining order, during which Plaintiff alleges Defendant admitted to having pre-suit knowledge of the asserted patent. Plaintiff acquired the patent-in-suit from the original assignee, Command Electronics, LLC, via an Asset Purchase Agreement.

Case Timeline

Date Event
2015-12-07 U.S. Patent No. 10,890,925 Earliest Priority Date
2021-01-12 U.S. Patent No. 10,890,925 Issued
2021-12-23 Plaintiff FBA acquires ’925 Patent from Command Electronics
2024-09-30 Second Amended Complaint Filed

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

U.S. Patent No. 10,890,925 - "Vehicle leveling systems, devices and methods and computer program products for leveling vehicles using smart devices"

  • Patent Identification: U.S. Patent No. 10,890,925, "Vehicle leveling systems, devices and methods and computer program products for leveling vehicles using smart devices," issued January 12, 2021.

The Invention Explained

  • Problem Addressed: The patent addresses the common problem of leveling recreational vehicles (RVs), which is often a manual, "trial and error" process using imprecise bubble levels with a significant margin for error ('925 Patent, col. 2:5-13; Compl. ¶¶9-10). This imprecise process can require multiple attempts and can lead to improper operation of onboard systems like plumbing and refrigerators (Compl. ¶8).
  • The Patented Solution: The invention is a system comprising a sensor device affixed to the vehicle and a smart device (e.g., a smartphone) that communicate wirelessly. The sensor, containing a digital accelerometer, measures the vehicle's pitch and roll inclination. This data is processed to calculate the exact height adjustments needed to achieve a level position, which are then displayed to the user on the smart device's screen, often with a graphical representation of the vehicle ('925 Patent, Abstract; col. 6:20-44).
  • Technical Importance: The technology aims to provide an "easily and inexpensively" method for accurately leveling a vehicle, which "does require not many attempts to achieve a level balance" in both pitch and roll directions ('925 Patent, col. 2:29-34).

Key Claims at a Glance

  • The complaint asserts independent claims 1 (system), 10 (method), and 15 (computer readable medium) (Compl. ¶¶22, 24, 26).
  • Independent Claim 1, a system claim, includes the following essential elements:
    • A sensor device secured to a vehicle to sense inclination in both pitch and roll, which includes a printed circuit board with a digital accelerometer and a processor.
    • A smart device with a display screen in wireless communication with the sensor device.
    • A configuration wherein at least one of the sensor or smart device determines "adjustment pairs," each including a height adjustment amount and a corresponding direction.
    • A display on the smart device configured to show an image of the vehicle and to "simultaneously display the height adjustment amount and corresponding adjustment direction of each adjustment pair adjacent to each respective section of the vehicle".
    • A configuration wherein the smart device updates the display "substantially in real time" as adjustments are made.
  • The complaint alleges infringement of "one or more claims" of the patent, suggesting the right to assert additional claims, including dependent claims, may be invoked (Compl. ¶58).

III. The Accused Instrumentality

Product Identification

  • The "Beech Lane Wireless RV Leveling System" (the "Accused Product") (Compl. ¶28).

Functionality and Market Context

  • The Accused Product is described as a system for "precise, real-time RV leveling measurements" that includes a sensor device and an "intuitive, user friendly phone app" (Compl. ¶32). Functionally, the system uses a sensor placed on the RV to measure its orientation and wirelessly communicates with a smartphone app. The app then guides the user to level the RV by displaying the required height adjustment and the location where the adjustment is needed (Compl. ¶¶32, 34). A screenshot of the product's Amazon listing included in the complaint shows the app displaying a vehicle image, a height measurement ("2.75""), and a directional instruction ("DRIVER SIDE LOW") (Compl. p. 8). The complaint alleges the Accused Product is a direct competitor to the Plaintiff's own product (Compl. ¶31).

IV. Analysis of Infringement Allegations

’925 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
A sensor device secured to a vehicle to sense an inclination of the vehicle in both a pitch direction and a roll direction... the sensor device comprising a printed circuit board that includes: a digital accelerometer... and a processor... The Accused Product includes a sensor device that uses accelerometers to determine the angle of the vehicle. ¶34 col. 6:20-22, 60-63
a smart device in wireless communication with the sensor device, the smart device including a display screen; The Accused Product includes a "user friendly phone app" that communicates wirelessly with the sensor via "Advanced Bluetooth." ¶32, ¶34 col. 6:35-44
wherein, based on the inclination of the vehicle... at least one of the sensor device and smart device is configured to determine adjustment pairs, each adjustment pair including a height adjustment amount and a corresponding adjustment direction needed to level a respective section of the vehicle... The app calculates and displays "adjustment pairs," which consist of the required height adjustment and the direction (e.g., "DRIVER SIDE LOW"). ¶34 col. 10:1-12
wherein the display device of the smart device is configured to display at least one image representative of the vehicle... and to simultaneously display the height adjustment amount and corresponding adjustment direction of each adjustment pair adjacent to each respective section of the vehicle... The app displays an image of the RV and shows the height adjustment (e.g., "35.25"") and direction ("DRIVER SIDE LOW") for a given adjustment (roll or pitch). A screenshot of the app's "Roll Screen" is provided as evidence of this functionality (Compl. p. 11). ¶40, ¶47 col. 10:30-53
wherein the smart device is further configured to update the display screen, substantially in real time, as one or more of the height adjustment amounts are changed. The Accused Product provides "precise, real-time RV leveling measurements" and the display updates in "near real time." ¶32, ¶34 col. 5:21-25
  • Identified Points of Contention:
    • Scope Question: The complaint anticipates a dispute over the claim term "simultaneously display... each adjustment pair." The Accused Product is alleged to display pitch and roll adjustments on separate screens that a user can toggle between (Compl. ¶47). A central question will be whether the term "simultaneously" requires both pitch and roll data to be displayed on the screen at the exact same time, or whether it is satisfied by showing the amount and direction for a single adjustment (e.g., roll) at the same time, as Plaintiff argues (Compl. ¶40).
    • Technical Question (Doctrine of Equivalents): In the alternative, Plaintiff argues that even if not literally infringing, the Accused Product's toggling feature is an "insubstantial" difference from the claimed invention (Compl. ¶47). The complaint presents snippets of what it claims is decompiled code from the accused app to argue that pitch and roll are calculated "in a single execution flow" and "at the same time," performing substantially the same function in substantially the same way (Compl. ¶¶48, 56). An evidentiary question will be whether the accused app's toggling user interface is functionally equivalent to the claimed simultaneous display, and whether the provided code substantiates this theory. The screenshots on page 13 of the complaint show the separate "Roll Screen" and "Pitch Screen" that form the basis of this dispute (Compl. p. 13).

V. Key Claim Terms for Construction

  • The Term: "simultaneously display"
  • Context and Importance: The construction of this term appears to be dispositive for literal infringement. The Accused Product allegedly uses separate, user-toggleable screens for pitch and roll adjustments. Practitioners may focus on this term because its interpretation will determine whether showing one adjustment at a time (e.g., only roll, with its amount and direction) meets the limitation, or if all adjustments (pitch and roll) must be on the screen at once.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation (Plaintiff's potential argument): The claim requires the display to "simultaneously display the height adjustment amount and corresponding adjustment direction of each adjustment pair" ('925 Patent, col. 23:53-58). An argument could be made that "simultaneously" modifies the relationship between "amount" and "direction" for any single "adjustment pair," not the relationship between multiple adjustment pairs. The claim also requires display of "at least one image," which could support a single view at a time.
    • Evidence for a Narrower Interpretation (Defendant's potential argument): The claim requires the simultaneous display for "each adjustment pair" ('925 Patent, col. 23:56). An argument could be made that if both pitch and roll adjustments exist, "each" requires both to be displayed simultaneously. An embodiment shown in Figure 5A of the patent depicts both a roll display (42) and a pitch display (44) on a single screen (40), which could be used to argue that this is the intended meaning ('925 Patent, col. 10:30-41).

VI. Other Allegations

  • Indirect Infringement: The complaint alleges that Defendant induces infringement by providing an "intuitive, user friendly phone app" and product descriptions that guide end-users to operate the system in an infringing manner (Compl. ¶¶32, 65).
  • Willful Infringement: The willfulness allegation is based on alleged pre-suit knowledge of the ’925 Patent. The complaint specifically alleges that Defendant admitted to this knowledge during prior court proceedings related to a temporary restraining order, and also had constructive notice via the patent's publication and issuance (Compl. ¶¶29, 59).

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

  • A core issue will be one of claim construction: can the phrase "simultaneously display... each adjustment pair" be construed to read on a system that presents pitch and roll data on separate, toggled screens, or does it strictly require that all relevant adjustments appear on the display at the same time?
  • A key alternative issue will be one of functional equivalence: if literal infringement is not found, does the Accused Product's toggling interface perform substantially the same function, in substantially the same way, to achieve the same result as the claimed invention, thereby infringing under the doctrine of equivalents? The Plaintiff’s inclusion of decompiled code suggests this will be a technically-focused inquiry.
  • A third critical question will concern willfulness: did the Defendant possess pre-suit knowledge of the patent, as alleged, and if so, was its decision to continue selling the Accused Product objectively reckless, potentially exposing it to enhanced damages?