DCT
2:17-cv-06377
Blackbird Tech LLC v. Ontel Products Corp
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Blackbird Tech LLC d/b/a Blackbird Technologies (New Jersey)
- Defendant: Ontel Products Corporation (New Jersey)
- Plaintiff’s Counsel: STAMOULIS & WEINBLATT LLC
- Case Identification: 2:17-cv-06377, D.N.J., 08/23/2017
- Venue Allegations: Venue is alleged to be proper based on Defendant's residence in New Jersey.
- Core Dispute: Plaintiff alleges that Defendant’s "Night Angel" electrical outlet cover infringes a patent related to a frame assembly with an integrated light for an electrical wall conduit.
- Technical Context: The technology concerns integrating illumination, such as from LEDs, directly into an electrical outlet cover plate to provide ambient light without occupying a plug socket.
- Key Procedural History: Subsequent to the filing of this complaint, the asserted U.S. Patent No. 6,883,927 underwent ex parte reexamination. A Reexamination Certificate issued on May 31, 2019, which canceled claims 17 and 18. The complaint, as filed, asserts infringement of at least claim 17, raising a significant question as to the viability of the infringement allegation as pleaded.
Case Timeline
| Date | Event |
|---|---|
| 2000-01-31 | '927 Patent Priority Date |
| 2005-04-26 | '927 Patent Issue Date |
| 2017-08-23 | Complaint Filing Date |
| 2018-01-03 | Reexamination Request Filed |
| 2019-05-31 | '927 Reexamination Certificate Issued (Canceling Claim 17) |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 6,883,927 - "Frame Assembly and Light for an Electrical Wall Conduit"
- Patent Identification: U.S. Patent No. 6,883,927, "Frame Assembly and Light for an Electrical Wall Conduit", issued April 26, 2005 (the “’927 Patent”).
The Invention Explained
- Problem Addressed: The patent’s background section identifies disadvantages of conventional plug-in night lights, noting that they occupy a valuable electrical socket and have a physical profile that "distinctly juts out from the electrical outlet" (’927 Patent, col. 1:24-32).
- The Patented Solution: The invention is a frame assembly designed to cover a wall conduit, such as an electrical outlet. This assembly includes an integrated light powered by the outlet's wiring, a frame to house the light, an opening to allow access to the outlet's receptacles, and an aperture on one of its sides to allow the light to illuminate the surrounding space (’927 Patent, Abstract; col. 1:44-53). Figure 3a illustrates the separate components, including the frame (42), the cover (40), and the light circuit (60) (’927 Patent, Fig. 3a).
- Technical Importance: This design provides a method for adding permanent, low-profile ambient lighting to a room without sacrificing the use of the electrical sockets.
Key Claims at a Glance
- The complaint asserts infringement of independent claim 17 (’927 Patent, col. 10:1-19; Compl. ¶11-12).
- The essential elements of claim 17 are:
- An assembly for use in association with a component having a connection to electrical power and requiring access during use to a portion of the component.
- A rectangular frame through which the component is accessible.
- A light.
- The rectangular frame has a side with sufficient depth to house the light.
- The side has an aperture for allowing the light to illuminate outside the frame.
- The light comprises a light emitting diode (LED).
- The LED is a plurality of LEDs, and the side aperture is a series of side apertures, with one aperture for each LED, and each LED extends into its respective side aperture.
- The complaint notes that Defendant infringes "one or more claims," including at least claim 17 (Compl. ¶11).
III. The Accused Instrumentality
Product Identification
- The accused instrumentality is the "Night Angel" electrical wall outlet cover (Compl. ¶11).
Functionality and Market Context
- The Night Angel is described as an outlet cover that includes built-in light emitting diodes (LEDs) on its bottom edge. The complaint includes a marketing image stating the product features a "Light sensor" that "automatically turns the light on in the dark and off when there is light" (Compl. p. 4). This image, from Exhibit B to the complaint, shows the LEDs positioned on the lower edge of the outlet cover to provide downward illumination (Compl. p. 4). The complaint alleges the product is sold through various online and retail channels, including brand websites, Amazon.com, and Home Depot stores (Compl. ¶7).
IV. Analysis of Infringement Allegations
'927 Patent Infringement Allegations
| Claim Element (from Independent Claim 17) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| An assembly for use in association with a component having a connection to electrical power... | The Night Angel product is an assembly used with an electrical outlet. | ¶12 | col. 10:1-4 |
| a rectangular frame through which the component is accessible | The Night Angel includes a rectangular frame (the outlet cover) through which the electrical outlets are accessible. | ¶12 | col. 10:5-6 |
| a light | The Night Angel includes a light. | ¶12 | col. 10:7 |
| wherein the rectangular frame has a side that has sufficient depth to house the light | The frame has a bottom side of sufficient depth to house the light. | ¶12 | col. 10:8-10 |
| wherein the side has an aperture for allowing the light to illuminate outside the frame through the aperture | The bottom side has an aperture for allowing the light to illuminate outside the frame. | ¶12 | col. 10:11-14 |
| wherein the light comprises a lighting emitting diode (LED) | The light in the Night Angel comprises a plurality of light emitting diodes (LEDs). | ¶12 | col. 10:15-16 |
| wherein the LED is a plurality of LEDs and the side aperture is a series of side apertures, one aperture for each LED, and each LED extends into its respective side aperture | Included are a series of side apertures, and each LED extends into its respective side aperture. | ¶12 | col. 10:17-19 |
Identified Points of Contention
- Procedural Bar: A threshold issue for the case is the legal effect of the U.S. Patent and Trademark Office’s cancellation of asserted claim 17 in the post-filing ex parte reexamination. This raises the question of whether a viable cause of action remains for this claim or if Plaintiff must amend to assert a different, surviving claim.
- Technical Question: Assuming the case proceeds on another claim, a technical question may arise regarding the physical relationship between the light source and the frame. The requirement that each LED "extends into its respective side aperture" suggests a specific structural configuration that will require factual evidence to compare with the accused product's internal construction.
V. Key Claim Terms for Construction
- The Term: "rectangular frame"
- Context and Importance: The definition of this term is critical because the patent discloses embodiments where the "frame" and the "cover plate" are separate components. Practitioners may focus on this term because the accused Night Angel product appears to be a single, integrated piece. The construction of "frame" will determine whether it can read on such a single-piece design or if it is limited to a subcomponent distinct from an outer cover.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The body of claim 17 itself does not mention a separate "cover plate" and only requires a "rectangular frame through which the component is accessible" (’927 Patent, col. 10:5-6). This may support an interpretation where an integrated cover plate can also function as the claimed "frame."
- Evidence for a Narrower Interpretation: Claim 1, an unasserted independent claim, explicitly recites "a cover plate separate from the frame" (’927 Patent, col. 8:66-67). This language may be used to argue that the patentee understood the "frame" to be a distinct structural element from the "cover plate." The embodiment shown in Figure 3a depicts the frame (42) and the cover plate (40) as two separate parts (’927 Patent, Fig. 3a).
VI. Other Allegations
Willful Infringement
- The complaint does not contain allegations of pre-suit knowledge or other facts typically used to support a claim for willful infringement. However, the prayer for relief requests that the case be adjudged "exceptional under 35 U.S.C. § 285" and seeks an award of enhanced damages and attorneys' fees (Compl. ¶15D).
VII. Analyst’s Conclusion: Key Questions for the Case
A dispositive issue will be one of procedural standing: what is the legal consequence of the PTO's post-filing cancellation of claim 17, the only claim specifically identified in the complaint's infringement count? Can the Plaintiff's case proceed on the current pleading, or will an amendment be required to substitute a surviving patent claim?
Should the case proceed on other claims, a central question will be one of structural scope: can the term "rectangular frame", particularly in light of claims that distinguish it from a "cover plate", be construed to read on the accused product's single-piece, integrated construction, or is it limited to a multi-piece assembly as depicted in certain patent figures?