DCT
2:21-cv-00332
Power Probe Group Inc v. Innova Electronics Corp
Key Events
Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Power Probe Group, Inc. (Delaware) and Power Probe TeK, LLC (Delaware)
- Defendant: Innova Electronics Corporation (Nevada)
- Plaintiff’s Counsel: Holley Driggs; Shumaker, Loop & Kendrick, LLP
- Case Identification: 2:21-cv-00332, D. Nev., 02/26/2021
- Venue Allegations: Plaintiff alleges venue is proper in the District of Nevada because Defendant is a Nevada corporation, is registered to do business in the district, its officers have a listed address in the district, and a substantial part of the allegedly infringing activities occurred in the district.
- Core Dispute: Plaintiff alleges that Defendant’s automotive electrical circuit tester infringes a patent related to a handheld test device capable of both measuring circuit parameters and selectively applying power to test components.
- Technical Context: The technology pertains to diagnostic tools for the automotive repair and maintenance industry, enabling technicians to test electrical systems in both passive (unpowered) and active (powered) states with a single instrument.
- Key Procedural History: The complaint notes that Plaintiff practices the patent and marks its own commercial products with the patent number, which may be relevant to the calculation of potential damages. No prior litigation or post-grant proceedings are mentioned.
Case Timeline
| Date | Event |
|---|---|
| 2005-01-05 | '899 Patent Priority Date (Application Filing) |
| 2007-02-27 | U.S. Patent No. 7184899 Issued |
| 2020-11-01 | Accused Product (Innova PowerCheck #5420) Launched (approx.) |
| 2021-02-26 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 7184899 - "Energizable Electrical Test Device For Measuring Current And Resistance Of An Electrical Circuit," issued February 27, 2007
The Invention Explained
- Problem Addressed: The patent describes a need in the automotive diagnostics field for a single, low-cost, handheld tool to overcome the limitations of prior art test equipment (Compl. ¶17; ’899 Patent, col. 1:22-41). Specifically, it identifies the inability of many existing multimeters to test electrical systems in a powered state and the need to combine multiple diagnostic functions (e.g., multimeter measurements, logic probe testing) into a single, easy-to-use instrument to accelerate troubleshooting (Compl. ¶17; ’899 Patent, col. 1:42-66).
- The Patented Solution: The invention is a handheld electrical test device that integrates standard multimeter measurement capabilities with the ability to selectively source power from an external source (like a car battery) through its conductive probe tip (’899 Patent, Abstract). This allows a user to energize a specific component or part of a circuit and measure its parameters (e.g., voltage, current) while it is operating, a function illustrated in the patent's system block diagram (’899 Patent, Fig. 1). The device is designed to switch between a "passive mode" for standard measurements and an "active mode" for powered testing (’899 Patent, col. 2:48-54).
- Technical Importance: This combination of functions in one tool was designed to eliminate the need for technicians to use separate power sources and multiple testing devices, thereby improving diagnostic efficiency and convenience (Compl. ¶17; ’899 Patent, col. 1:62-66).
Key Claims at a Glance
- The complaint asserts independent claim 1, as well as dependent claims 4-10, 12, and 13 (Compl. ¶40).
- Independent Claim 1 recites an electrical test device with multimeter functionality, comprising:
- a conductive probe element to contact an electrical system;
- a power supply interconnected between an external power source and the probe element;
- a processor connected to the probe to manipulate an input signal and receive a representative output signal;
- a display device connected to the processor to display a reading of the output signal;
- wherein the device is configured to allow for selective powering of the electrical system upon energization of the probe element during measurement of the parameters.
III. The Accused Instrumentality
Product Identification
- The Innova PowerCheck #5420 (the "Accused Product") (Compl. ¶9).
Functionality and Market Context
- The complaint describes the Accused Product as a diagnostic tool that attaches to a vehicle's battery or auxiliary power outlet (Compl. ¶27). This connection allegedly allows a user to "supply voltage or ground to activate and test components, in or around your vehicle," such as switches, relays, fans, and pumps (Compl. ¶27, ¶41). A visual from the Defendant's website, included in the complaint, describes this functionality. (Compl. ¶41; Ex. 4). The Accused Product features a "built-in display" to show readings for voltage or continuity (Compl. ¶41).
- Plaintiff alleges that the Accused Product is a direct competitor to its own "Power Probe" line of products, is sold through the same retail distribution channels, and is offered at a significantly lower price, creating market disruption and price erosion (Compl. ¶35, ¶37).
IV. Analysis of Infringement Allegations
The complaint includes a side-by-side image comparing a figure from the ’899 Patent with a photograph of the Accused Product, suggesting a structural and functional correspondence. (Compl. ¶40).
'899 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| An electrical test device having multimeter functionality and being adapted to provide current sourcing to an electrical system for selective measurement of a plurality of parameters thereof in at least one of powered and unpowered states... | The Accused Product is described as an electrical test device with multimeter functionality that can provide current sourcing to test systems in powered and unpowered states. A screenshot from Defendant's website shows the product displaying a voltage reading. | ¶41; ¶41 (bullet 4) | col. 2:8-12 |
| a conductive probe element configured to be placed into contact with the electrical system and provide an input signal thereto | The Accused Product has a conductive "probe" for contacting electrical components like "switches, relays, fans, pumps, lighting, and more". | ¶41 | col. 4:1-3 |
| a power supply interconnected between an external power source and the probe element | The Accused Product has a power supply that connects between a "vehicle's battery or auxiliary power outlet" and its probe element. | ¶41 | col. 4:3-5 |
| a processor electrically connected to the probe element and configured to manipulate the input signal provided to the electrical system and receive an output signal in response to the input signal... | The Accused Product allegedly contains a processor that allows for a "Voltage/Ground Check" and "Continuity Test," which involves manipulating and receiving signals. | ¶41 | col. 4:23-28 |
| a display device electrically connected to the processor and configured to display a reading of the output signal... | The Accused Product has a "built-in display" to show measurement results such as voltage or continuity. The complaint provides a close-up image of the Accused Product's screen displaying a voltage. | ¶41 | col. 4:36-40 |
| wherein the electrical test device is configured to allow for selective powering of the electrical system upon energization of the probe element during measurement of the parameters | Defendant's marketing materials state the Accused Product "allow[s] you to supply voltage or ground to activate and test components," which the complaint alleges meets this limitation. | ¶42 | col. 4:50-54 |
- Identified Points of Contention:
- Scope Questions: A potential dispute may arise over the scope of the preamble term "multimeter functionality." The parties may contest what specific set of measurement capabilities (e.g., resistance, AC/DC voltage, current amperage) is required to meet this limitation and whether the Accused Product possesses them.
- Technical Questions: The infringement analysis may hinge on the interpretation of "during measurement." A central question will be whether the Accused Product is technically capable of measuring a circuit's parameters at the same time it is actively sourcing power, as the claim language suggests. The court may need to consider whether the device performs these actions concurrently or switches between distinct "powering" and "measuring" modes. The complaint's evidence relies on marketing statements, which may not resolve the underlying technical operation.
V. Key Claim Terms for Construction
The Term: "multimeter functionality" (Claim 1, preamble)
- Context and Importance: This term appears in the preamble and may be treated as a claim limitation. Its construction could be critical in determining whether the Accused Product, described by the Plaintiff as a "circuit tester," falls within the scope of the claims. Practitioners may focus on this term because if the Accused Product is deemed to lack the requisite "multimeter functionality," the infringement analysis for Claim 1 might fail at the outset.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification discusses "multi-meters" as devices "configured to measure resistance, voltage, and current and more" and notes the invention combines these functions with others like "logic probe diagnostic testing" (’899 Patent, col. 1:35-39, 1:62-64). This could support an argument that possessing a core set of these varied measurement functions is sufficient.
- Evidence for a Narrower Interpretation: A party might argue the term requires a more comprehensive suite of functions typical of a standalone multimeter at the time of the invention. The block diagram in Figure 1 shows distinct functional blocks for voltage, resistance, and current measurement, which could be argued to define the minimum required functionality (’899 Patent, Fig. 1, elements 126, 132, 130).
The Term: "selective powering of the electrical system... during measurement of the parameters" (Claim 1)
- Context and Importance: This "wherein" clause captures the central feature of the invention. The temporal relationship defined by "during" is pivotal to the claim's scope.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent states that due to its "unique configuration, the electrical test device can simultaneously measure current and voltage... due to the application of current sourcing" (’899 Patent, col. 2:64-67). This language directly supports an interpretation that "during" means concurrent or simultaneous action.
- Evidence for a Narrower Interpretation: The patent also describes switching between an "active mode" (powering) and a "passive mode" (measuring without powering) (’899 Patent, col. 2:48-54). A party could argue that "during" does not require strict simultaneity, but rather refers to the ability to perform both functions within a single, continuous diagnostic operation without reconfiguring the tool, potentially by toggling between modes.
VI. Other Allegations
The complaint does not contain explicit counts for indirect infringement or allegations of willful infringement.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: Does the Accused Product possess the "multimeter functionality" required by Claim 1, or do its features fall short of what a person of ordinary skill in the art would understand that term to mean in the context of the patent?
- A key evidentiary question will be one of temporal operation: Does the Accused Product's circuitry allow it to "measure" parameters at the exact same time it is conducting "selective powering," as a strict reading of the term "during" might require? The resolution will likely depend on technical evidence of how the product operates, rather than on its marketing descriptions.