DCT

2:19-cv-00852

Winner's Sun Plastic & Electronic v. Partnerships Unincorp

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:19-cv-00852, D. Nev., 06/24/2019
  • Venue Allegations: Venue is alleged to be proper based on Defendants targeting business activities toward consumers in the United States, including Nevada, through interactive, commercial internet stores from which Nevada residents can purchase the accused products.
  • Core Dispute: Plaintiff alleges that selfie devices sold by numerous online retailers infringe a patent related to an integrated, foldable selfie stick design.
  • Technical Context: The technology concerns the mechanical design of selfie sticks, a consumer electronics accessory, focusing on features that improve portability and eliminate the need for assembly and disassembly.
  • Key Procedural History: The operative pleading is a First Amended Complaint filed against a schedule of largely unidentified online sellers, a strategy often used to combat diffuse infringement from overseas entities. The complaint does not mention any prior litigation or post-grant proceedings involving the patent-in-suit.

Case Timeline

Date Event
2014-09-11 '993 Patent Priority Date
2018-06-12 '993 Patent Issue Date
2019-06-24 First Amended Complaint Filing Date

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

U.S. Patent No. 9,995,993, "SELFIE DEVICE" (issued June 12, 2018)

The Invention Explained

  • Problem Addressed: The patent's background section identifies the inconvenience of conventional selfie sticks that are often "split into several discrete components" requiring assembly before use and disassembly for storage, which can lead to user frustration and lost or damaged parts (’993 Patent, col. 1:27-36).
  • The Patented Solution: The invention is a "fully integrated selfie device" featuring a clamping mechanism for a camera that is permanently and pivotally connected to a telescopic stick (’993 Patent, col. 1:7-9). The core innovation is a "notch" on the carrier of the clamping mechanism, which is designed to accommodate the telescopic stick when it is folded, creating a compact, single-piece unit that is easy to carry without disassembly (’993 Patent, Abstract; col. 3:8-15).
  • Technical Importance: The design addresses a key usability issue in the consumer accessory market by enhancing portability and simplifying operation, removing the need for users to assemble multiple parts before taking a photo (’993 Patent, col. 1:30-36).

Key Claims at a Glance

  • The complaint asserts infringement of at least independent claim 1 (Compl. ¶23, ¶29).
  • The essential elements of independent claim 1 are:
    • A selfie device comprising a telescopic stick and a clamping device.
    • The clamping device includes a carrier and a stretchable clamping mechanism.
    • A top end of the telescopic stick is "pivotally or rotatably connected" to a bottom surface of the clamping device.
    • A "notch" is arranged on the carrier, and the telescopic stick can be "accommodated in the notch" after folding.
    • The telescopic stick is "rotated out from the notch" when in use.

III. The Accused Instrumentality

Product Identification

The accused instrumentalities are "selfie devices for use with mobile devices to take photographs" that are sold by the Defendants through online stores (Compl. ¶3). The complaint refers to these products as "infringing products" and "counterfeit products" sold without license or authorization (Compl. ¶3, ¶7, ¶17).

Functionality and Market Context

The complaint alleges that Defendants operate hundreds of "Defendant Internet Stores" designed to appear as if they are selling licensed or authorized products to "unknowing consumers" (Compl. ¶3, ¶17). These stores are alleged to operate on platforms such as Amazon.com and Ebay.com (Compl. ¶30). The complaint focuses on the commercial activity of offering for sale, selling, and importing these products into the United States, rather than detailing their specific technical operation (Compl. ¶20, ¶23).

IV. Analysis of Infringement Allegations

No probative visual evidence provided in complaint.

The complaint alleges that Defendants infringe claim 1 of the '993 patent both literally and under the doctrine of equivalents (Compl. ¶23). It does not contain a detailed claim chart. The infringement theory is summarized below.

'993 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
a telescopic stick, and a clamping device for holding and clamping a camera device... The accused products are identified as "selfie devices" or "selfie sticks" designed for use with mobile devices, which inherently possess these components. ¶3 col. 3:1-5
wherein a top end of the telescopic stick is pivotally or rotatably connected to a bottom surface of the clamping device; The complaint alleges infringement of the integrated device claimed in the patent, which requires such a connection. ¶23 col. 3:6-8
wherein a notch is arranged on the carrier, ... and the telescopic stick is able to be accommodated in the notch and the bending portion after folding... The complaint's allegation of infringement of claim 1 asserts that the accused products contain the patented foldable design, which centers on this accommodation feature. ¶23 col. 3:8-15
wherein when in use, the telescopic stick is rotated out from the notch and the bending portion. The complaint alleges the accused products infringe the patent, which implies they operate in the claimed manner. ¶23 col. 3:15-18
  • Identified Points of Contention:
    • Evidentiary Questions: The complaint makes broad allegations against a schedule of online sellers without providing product-specific evidence. A primary question will be whether the Plaintiff can produce sufficient evidence to demonstrate that the specific products sold by each named Defendant practice every limitation of the asserted claim.
    • Scope Questions: The interpretation of the claim term "notch" raises a question of scope. The dispute may center on whether the term is limited to the distinct recessed structure depicted in the patent’s figures or can be construed more broadly to cover other forms of indentations or spaces on a selfie stick’s clamp that accommodate a folded handle.

V. Key Claim Terms for Construction

  • The Term: "notch"

    • Context and Importance: This term appears central to the patent's point of novelty, defining the physical feature that enables the integrated, foldable design. The construction of this term will likely determine the breadth of the claim and its applicability to various compact selfie stick designs.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The claim language recites "a notch" without imposing specific structural or geometric limitations, and the specification describes it functionally as a place where the stick can be "accommodated" or "received" (’993 Patent, col. 3:8-15). This could support a construction covering any feature that serves this purpose.
      • Evidence for a Narrower Interpretation: The patent figures consistently depict the "notch" (211) as a distinct, semi-circular cutout in the "carrier" (21) (’993 Patent, Fig. 2, 4). A party could argue the term should be construed as limited to the specific structure disclosed in these preferred embodiments.

  • The Term: "pivotally or rotatably connected"

    • Context and Importance: This limitation describes the permanent, non-detachable link between the stick and the clamp, distinguishing the invention from prior art requiring assembly. Its definition is critical for assessing infringement by devices that use different types of folding joints.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The plain meaning of "pivotally or rotatably" could be argued to encompass a wide range of mechanical joints that permit relative rotation for folding, without being limited to a specific type.
      • Evidence for a Narrower Interpretation: The specification discloses that this rotatable connection can be "locked by a locking device" (13) and refers to it as "preferably a hinged connection" (’993 Patent, col. 4:40-42). This language might be used to argue for a narrower construction limited to a hinge-like mechanism.

VI. Other Allegations

  • Indirect Infringement: The complaint asserts a claim for inducement to infringe (Compl. ¶28-31). The factual basis alleged is that Defendants market and sell the infringing products through websites like Amazon.com and Ebay.com with knowledge that the products are covered by claim 1 of the '993 patent (Compl. ¶30-31).
  • Willful Infringement: Willfulness is alleged based on Defendants having "actual knowledge" of the '993 patent, with the complaint asserting this knowledge existed "since before their first sale of infringing products" (Compl. ¶24, ¶30). The complaint does not specify the factual basis for this alleged pre-suit knowledge.

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

  • A threshold issue will be one of evidence: given the complaint’s framing against numerous, disparate online sellers, can the Plaintiff meet its evidentiary burden to prove that the specific, and likely different, products sold by each individual Defendant practice every limitation of the asserted claim?
  • A central legal question will be one of claim construction: can the term "notch," which appears to be a key element of the invention, be construed broadly to cover any space that accommodates the folded stick, or will it be limited to the specific recessed structure shown in the patent’s figures, thereby narrowing the scope of potential infringement?
  • A key factual question for damages will be willfulness: what evidence can Plaintiff present to support its allegation that a diverse and potentially transient group of online sellers had pre-suit knowledge of the '993 patent and its relevance to their products, a prerequisite for enhanced damages?