DCT

2:25-cv-00844

Champion Power Equipment Inc v. Westinghouse Electric Corp

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:25-cv-00844, D. Nev., 05/14/2025
  • Venue Allegations: Plaintiff alleges venue is proper in the District of Nevada because Defendants maintain a regular and established place of business in Sparks, Nevada, from which they ship, sell, and/or service products, and have committed acts of infringement in the District.
  • Core Dispute: Plaintiff alleges that Defendant’s multi-fuel portable generators infringe ten U.S. patents related to fuel delivery systems and switching mechanisms for multi-fuel internal combustion engines.
  • Technical Context: The technology concerns dual-fuel systems for portable power generators, which allow operation on either gasoline or a gaseous fuel like propane, a significant feature in the consumer and commercial backup power markets.
  • Key Procedural History: The complaint alleges that Plaintiff sent cease and desist letters to Defendant MWE Investments regarding the accused Westinghouse generators in June 2020 and again in August 2024, which may be relevant to allegations of willful infringement.

Case Timeline

Date Event
2013-11-01 U.S. Patent No. 10,598,101 Priority Date
2015-06-12 U.S. Patent No. 10,221,780 Priority Date
2015-06-12 U.S. Patent No. 10,393,034 Priority Date
2015-06-12 U.S. Patent No. 10,697,398 Priority Date
2016-02-04 U.S. Patent No. 11,306,667 Priority Date
2018-11-15 U.S. Patent No. 11,492,985 Priority Date
2019-03-05 U.S. Patent No. 10,221,780 Issued
2019-03-20 U.S. Patent No. 11,143,120 Priority Date
2019-08-27 U.S. Patent No. 10,393,034 Issued
2020-03-24 U.S. Patent No. 10,598,101 Issued
2020-06-19 First Cease and Desist Correspondence Sent
2020-06-22 U.S. Patent No. 11,143,145 Priority Date
2020-06-30 U.S. Patent No. 10,697,398 Issued
2021-10-12 U.S. Patent No. 11,143,120 Issued
2021-10-12 U.S. Patent No. 11,143,145 Issued
2022-02-16 U.S. Patent No. 11,905,896 Priority Date
2022-04-19 U.S. Patent No. 11,306,667 Issued
2022-11-08 U.S. Patent No. 11,492,985 Issued
2023-06-07 U.S. Patent No. 11,905,895 Priority Date
2024-02-20 U.S. Patent No. 11,905,895 Issued
2024-02-20 U.S. Patent No. 11,905,896 Issued
2024-08-16 Second Cease and Desist Correspondence Sent
2025-05-14 Complaint Filed

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

U.S. Patent No. 10,393,034 - "FUEL SYSTEM FOR A MULTI-FUEL INTERNAL COMBUSTION ENGINE"

The Invention Explained

  • Problem Addressed: The patent describes a problem in dual-fuel engines where switching from a liquid fuel (like gasoline) to a gaseous fuel (like propane) can cause the engine to run "overly rich." This occurs because gasoline remaining in the carburetor's float bowl continues to be drawn into the engine even after the primary liquid fuel supply is cut off, resulting in both fuel types being delivered simultaneously. (’034 Patent, col. 1:63-col. 2:7).
  • The Patented Solution: The invention proposes a system of electrically-operated solenoids to control the flow of both liquid and gaseous fuels. A key component is a "liquid cutoff solenoid" positioned to control the liquid fuel path downstream from the carburetor's float bowl. This placement allows a single switch to precisely manage both fuel flows, preventing overlap and enabling smooth "on-the-fly" transitions between fuel sources while the engine is operating. (’034 Patent, Abstract; col. 5:61-col. 6:5; Fig. 2).
  • Technical Importance: This design addresses a known operational instability in multi-fuel generators, aiming to improve reliability and performance during fuel source transitions without substantially increasing system cost. (’034 Patent, col. 2:8-11).

Key Claims at a Glance

  • The complaint asserts independent claims 1, 11, and 18. (Compl. ¶¶ 26.a, 26.h, 30.a).
  • Independent Claim 1 includes these essential elements:
    • A multi-fuel engine operable on a liquid fuel and a gaseous fuel;
    • A carburetor attached to an intake of the engine, the carburetor comprising a float bowl;
    • A liquid cutoff solenoid coupled to the carburetor to open and close a liquid fuel path to the engine downstream from the float bowl;
    • A gaseous cutoff coupled to open and close a gaseous fuel source to the engine; and
    • A switch selectively coupling a power source to the liquid cutoff solenoid to open and close the liquid fuel path.
  • The complaint reserves the right to assert additional claims, including dependent claims. (Compl. ¶ 26).

U.S. Patent No. 11,143,120 - "FUEL SYSTEM FOR A MULTI-FUEL INTERNAL COMBUSTION ENGINE"

The Invention Explained

  • Problem Addressed: The patent addresses the same "overly rich" fuel mixture problem during fuel switching as the ’034 Patent. (’120 Patent, col. 1:12-col. 2:11).
  • The Patented Solution: This invention discloses a specific carburetor design for multi-fuel use. The solution is centered on a "carburetor cutoff solenoid" that is configured to selectively control fuel flow through both the main fuel circuit (for primary operation) and the idle fuel circuit. By controlling both pathways out of the float bowl, the invention provides a more integrated and complete method for stopping liquid fuel flow when switching to a gaseous fuel source. (’120 Patent, Abstract; claim 18).
  • Technical Importance: The invention offers a carburetor-level solution that may provide more effective control over fuel transitions compared to systems relying solely on external valves, thereby improving engine stability. (’120 Patent, col. 4:26-38).

Key Claims at a Glance

  • The complaint asserts independent claims 12 and 18. (Compl. ¶¶ 41.a, 41.b).
  • Independent Claim 18 includes these essential elements:
    • A carburetor for use in a multi-fuel internal combustion engine, comprising:
    • a throat in which fuel and air are mixed;
    • a valve located in the throat to provide a choke and throttle;
    • a float bowl to hold liquid fuel;
    • a main fuel circuit positioned downstream from the float bowl;
    • an idle fuel circuit that provides a flow path to the throat downstream of the throttle; and
    • a carburetor cutoff solenoid configured to selectively control fuel flow through the main fuel circuit and the idle fuel circuit.
  • The complaint reserves the right to assert additional claims, including dependent claims. (Compl. ¶ 41.c).

U.S. Patent No. 11,492,985 - "OFF-BOARD FUEL REGULATOR FOR GENERATOR ENGINE"

  • Patent Identification: U.S. Patent No. 11,492,985, "OFF-BOARD FUEL REGULATOR FOR GENERATOR ENGINE", Issued November 8, 2022.
  • Technology Synopsis: This patent addresses a fuel delivery system where the pressure regulator for the gaseous fuel (e.g., propane) is located "off-board" the generator itself. The invention describes a two-stage regulation system that reduces the pressure of the gaseous fuel for delivery to the engine. (’985 Patent, Abstract).
  • Asserted Claims: Independent claims 1, 11, and 16 are asserted. (Compl. ¶¶ 61.a, 61.e, 61.f).
  • Accused Features: The accused generator models are alleged to infringe by being configured to operate with an off-board, two-stage fuel regulator system that supplies gaseous fuel at a reduced pressure. (Compl. ¶¶ 60.a, 61.a).

U.S. Patent No. 10,221,780 - "DUAL FUEL LOCKOUT SWITCH FOR GENERATOR ENGINE"

  • Patent Identification: U.S. Patent No. 10,221,780, "DUAL FUEL LOCKOUT SWITCH FOR GENERATOR ENGINE", Issued March 5, 2019.
  • Technology Synopsis: This patent describes a mechanical, rather than electrical, "fuel lockout switch" for a dual-fuel engine. The invention uses a mechanical fuel valve and a coupled "lockout apparatus" to ensure that only one fuel source can be communicated to the engine at a time, preventing simultaneous fuel delivery. (’780 Patent, Abstract).
  • Asserted Claims: Independent claims 1, 8, and 15 are asserted. (Compl. ¶¶ 76.a, 76.e, 76.i).
  • Accused Features: The accused generators are alleged to incorporate a mechanical fuel lockout switch with a valve that is actuatable between two positions to selectively control fuel flow from either a first or second fuel source while preventing flow from the other. (Compl. ¶ 76.a).

U.S. Patent No. 11,905,895 - "DUAL FUEL LOCKOUT SWITCH FOR GENERATOR ENGINE"

  • Patent Identification: U.S. Patent No. 11,905,895, "DUAL FUEL LOCKOUT SWITCH FOR GENERATOR ENGINE", Issued February 20, 2024.
  • Technology Synopsis: This patent is a continuation of the technology in the ’780 patent, further detailing a mechanical fuel lockout switch. The claims describe a mechanical valve configured to allow communication with a first fuel source while preventing it with a second, and vice-versa, and a lockout apparatus that prevents actuation of the valve to the first fuel source's position when the second fuel source is in communication with the engine. (’895 Patent, Abstract).
  • Asserted Claims: Independent claims 1 and 8 are asserted. (Compl. ¶¶ 87.a, 87.b).
  • Accused Features: The accused products are alleged to include a mechanical fuel lockout switch with a valve and lockout apparatus that prevents coupling of a second fuel source when the first is active, and prevents actuation of the valve when the second is active. (Compl. ¶¶ 87.a, 87.b).

U.S. Patent No. 10,697,398 - "BATTERYLESS DUAL FUEL ENGINE WITH LIQUID FUEL CUT-OFF"

  • Patent Identification: U.S. Patent No. 10,697,398, "BATTERYLESS DUAL FUEL ENGINE WITH LIQUID FUEL CUT-OFF", Issued June 30, 2020.
  • Technology Synopsis: This patent describes a dual-fuel engine that does not require a battery to operate its liquid fuel cut-off mechanism. The invention incorporates a liquid fuel cut-off into the carburetor that is actuated by a switch; in some embodiments, the cut-off is a solenoid powered by an electrical power generator (e.g., a magneto or alternator) within the pull-start engine itself. (’398 Patent, Abstract; claims 1, 6).
  • Asserted Claims: Independent claims 1 and 57 (method) are asserted. (Compl. ¶¶ 98.a, 98.m).
  • Accused Features: The accused generators are alleged to be dual-fuel engines with a liquid fuel cut-off incorporated into the carburetor that interrupts liquid fuel flow upon actuation of a fuel selector switch. (Compl. ¶ 98.a).

U.S. Patent No. 11,143,145 - "BATTERYLESS DUAL FUEL ENGINE WITH LIQUID FUEL CUT-OFF"

  • Patent Identification: U.S. Patent No. 11,143,145, "BATTERYLESS DUAL FUEL ENGINE WITH LIQUID FUEL CUT-OFF", Issued October 12, 2021.
  • Technology Synopsis: This patent is related to the ’398 patent and describes a batteryless dual-fuel generator. The claims focus on a system comprising an engine, an electrical power generator with a charging coil, a switch, a carburetor, a liquid fuel cut-off solenoid, and a voltage regulator coupled to the charging coil to provide regulated voltage to the solenoid. (’145 Patent, Abstract).
  • Asserted Claims: Independent claims 1 and 11 are asserted. (Compl. ¶¶ 117.a, 121.a).
  • Accused Features: The accused generators are alleged to include a dual-fuel system with a charging coil, a switch, a carburetor, a liquid fuel cut-off solenoid, and a voltage regulator that provides regulated voltage from the coil to the solenoid. (Compl. ¶ 117.a).

U.S. Patent No. 10,598,101 - "DUAL FUEL SELECTOR SWITCH"

  • Patent Identification: U.S. Patent No. 10,598,101, "DUAL FUEL SELECTOR SWITCH", Issued March 24, 2020.
  • Technology Synopsis: This patent discloses a fuel selector for a dual-fuel generator that uses a valve assembly with two separate mechanical fuel valves (one for each fuel source). A selector switch is positioned on the valve assembly to allow a user to manually select one fuel flow, with the assembly configured such that both valves cannot be open simultaneously. (’101 Patent, Abstract).
  • Asserted Claims: Independent claims 1, 10, and 18 are asserted. (Compl. ¶¶ 132.a, 132.e, 132.g).
  • Accused Features: The accused generators are alleged to have a fuel selector with a valve assembly connected to two fuel sources and a selector switch that allows a user to manually select one fuel flow, where the assembly contains two mechanical valves. (Compl. ¶ 132.a).

U.S. Patent No. 11,306,667 - "DUAL FUEL SELECTOR SWITCH"

  • Patent Identification: U.S. Patent No. 11,306,667, "DUAL FUEL SELECTOR SWITCH", Issued April 19, 2022.
  • Technology Synopsis: This patent appears to be a continuation of the technology in the ’101 patent. It describes a fuel selector with a valve assembly, two fuel inputs, two fuel outputs, and a selector switch. The system is designed to supply fuel from only one of the two fuel sources at a time, responsive to the selector switch's position. (’667 Patent, Abstract).
  • Asserted Claims: Independent claim 1 is asserted. (Compl. ¶ 143.a).
  • Accused Features: The accused generators are alleged to have a fuel selector with a valve assembly, two fuel inputs, two outputs, and a selector switch that allows manual selection of fuel flow from one source at a time. (Compl. ¶ 143.a).

U.S. Patent No. 11,905,896 - "DUAL FUEL SELECTOR SWITCH"

  • Patent Identification: U.S. Patent No. 11,905,896, "DUAL FUEL SELECTOR SWITCH", Issued February 20, 2024.
  • Technology Synopsis: This patent is also in the same family as the '101 and '667 patents. It claims a fuel selector with a valve assembly having first and second mechanical fuel valves and a movable selector switch that allows a user to manually select one fuel flow. The claims detail various configurations, including those with a valve handle and those with carburetor solenoid integration. (’896 Patent, Abstract).
  • Asserted Claims: Independent claims 7, 15, and 30 are asserted. (Compl. ¶¶ 158.a, 158.d, 158.f).
  • Accused Features: The accused generators are alleged to include a fuel selector with a valve assembly comprising two mechanical fuel valves and a movable selector switch for manual fuel selection. (Compl. ¶ 158.a).

III. The Accused Instrumentality

Product Identification

  • The accused instrumentalities are numerous models of Westinghouse-branded multi-fuel portable generators, including models such as the WGen 3600DFc, iGen 4500DF, and WGen 12000DFc. (Compl. ¶¶ 25, 27, 29, 40).

Functionality and Market Context

  • The complaint alleges that the accused products are multi-fuel generators capable of operating on both a liquid fuel (e.g., gasoline) and a gaseous fuel (e.g., LPG). (Compl. ¶ 25.a, 26.c). Based on "acquisition, disassembly as needed, review of the owner's manual and electrical schematics, and inspection," the complaint alleges these generators contain the specific fuel system components recited in the asserted patents. (Compl. ¶ 26). These components allegedly include carburetors with float bowls, various mechanical and electromechanical valves and solenoids for controlling fuel flow, and switches for selecting between fuel sources. (Compl. ¶¶ 26.a, 41.b, 76.a).
  • The complaint alleges these generators are made, used, sold, and offered for sale throughout the United States, including via the websites westinghouse.com and westinghouseoutdoorpower.com, suggesting they are commercially significant products in the portable power market. (Compl. ¶¶ 3, 7, 21).

No probative visual evidence provided in complaint.

IV. Analysis of Infringement Allegations

U.S. Patent No. 10,393,034 Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
a multi-fuel engine comprising an engine operable on a liquid fuel and a gaseous fuel The accused Westinghouse generators are multi-fuel engines that operate on both liquid and gaseous fuels. ¶26a col. 2:16-17
a carburetor attached to an intake of the engine to mix air and fuel and connect a liquid fuel source to the intake, the carburetor comprising a float bowl The accused products include a carburetor with a float bowl attached to the engine's intake. ¶26a col. 5:46-52
a liquid cutoff solenoid coupled to the carburetor to open and close a liquid fuel path to the engine downstream from the float bowl The accused products include a liquid cutoff solenoid that is coupled to the carburetor and controls the liquid fuel path after the float bowl. ¶26a col. 5:61-65
a gaseous cutoff coupled to open and close a gaseous fuel source to the engine The accused products include a gaseous cutoff mechanism that controls the flow of gaseous fuel to the engine. ¶26a col. 6:6-10
a switch selectively coupling a power source to the liquid cutoff solenoid to open and close the liquid fuel path The accused products include a switch that electrically couples a power source to the liquid cutoff solenoid to control its operation. ¶26a col. 6:22-29
  • Identified Points of Contention:
    • Scope Questions: A central issue may be the construction of the term "downstream from the float bowl." The infringement analysis will question whether the accused products' liquid cutoff mechanism is located and functions in the specific manner required by this limitation, which is a key technical aspect of the claim.
    • Technical Questions: Dependent claim 3 requires the switch to enable "on-the-fly" switching while preventing simultaneous fuel flow. (Compl. ¶ 26.b). A key evidentiary question will be what proof demonstrates that the accused products' systems are configured to perform this precise and coordinated switching function, rather than simply having separate controls for each fuel source.

U.S. Patent No. 11,143,120 Infringement Allegations

Claim Element (from Independent Claim 18) Alleged Infringing Functionality Complaint Citation Patent Citation
a carburetor for use in a multi-fuel internal combustion engine, the carburetor comprising: a throat in which fuel and air are mixed...; a valve located in the throat to provide a choke and throttle...; a float bowl to hold liquid fuel The accused products are multi-fuel generators that include a carburetor with a throat, choke/throttle valve, and a float bowl. ¶41b col. 4:10-14
a main fuel circuit positioned downstream from the float bowl and extending from the float bowl to the throat The accused carburetor has a main fuel circuit that delivers fuel from the float bowl to the throat. ¶41b col. 4:14-16
an idle fuel circuit that provides a flow path to the throat downstream of the throttle to run the engine at idle The accused carburetor has an idle fuel circuit that delivers fuel to the throat downstream of the throttle. ¶41b col. 4:16-18
and a carburetor cutoff solenoid configured to selectively control fuel flow through the main fuel circuit and the idle fuel circuit The accused products include a carburetor cutoff solenoid that allegedly controls fuel flow through both the main and idle circuits. ¶41b col. 4:19-22
  • Identified Points of Contention:
    • Scope Questions: Claim construction of "configured to selectively control fuel flow through the main fuel circuit and the idle fuel circuit" will be critical. The dispute may focus on whether the accused solenoid was specifically designed and implemented to control both circuits, or if its control over one circuit (e.g., the main) has only an incidental, unconfigured effect on the other.
    • Technical Questions: Dependent claim 19 requires the solenoid to be "closed to stop liquid fuel flow through the main fuel circuit and the idle fuel circuit when the switch changes operation... to gaseous fuel." (Compl. ¶ 41.c). The factual question for the court will be whether the single accused solenoid functionally achieves this complete stoppage across both specified circuits as a direct result of the fuel-selection switch being actuated.

V. Key Claim Terms for Construction

For the ’034 Patent:

  • The Term: "downstream from the float bowl" (Claim 1)
  • Context and Importance: This term is central to the patent's proposed solution. Its interpretation defines the precise location of the liquid cutoff solenoid, distinguishing it from systems that might cut off fuel upstream of the float bowl, which would not solve the problem of residual fuel being drawn into the engine. Practitioners may focus on this term because the infringement determination will depend on the physical location and function of the accused solenoid relative to the float bowl.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The Abstract describes the element more generally as "a liquid cutoff solenoid coupled to open and close a liquid fuel path to the engine," which does not explicitly include the "downstream" limitation. (’034 Patent, Abstract).
    • Evidence for a Narrower Interpretation: The detailed description explains that the solenoid (94) operates to "close a liquid fuel path to the engine downstream from float bowl 88," and Figure 4 shows this solenoid positioned to block the fuel passage (150) that leads directly out of the float bowl (88). (’034 Patent, col. 5:63-65; Fig. 4).

For the ’120 Patent:

  • The Term: "configured to selectively control fuel flow through the main fuel circuit and the idle fuel circuit" (Claim 18)
  • Context and Importance: The viability of the infringement allegation rests on whether a single accused component meets this dual-function limitation. A defendant may argue its solenoid is configured to control only the main circuit. Practitioners may focus on this term because it requires a specific technical capability that goes beyond merely affecting both circuits; it suggests an intended, designed control over both.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: A party might argue that if actuating the solenoid has the direct and necessary effect of stopping flow in both circuits, it is "configured" to do so, regardless of whether it physically blocks two separate channels.
    • Evidence for a Narrower Interpretation: The specification explicitly states the solenoid is configured to control flow through both the "main fuel circuit 152 and idle fuel circuit 158." (’120 Patent, col. 4:21-25). This language suggests a specific, intended functionality over both distinct circuits, potentially supporting an interpretation that requires more than an incidental effect on the idle circuit.

VI. Other Allegations

  • Indirect Infringement: The complaint does not plead separate counts for indirect infringement and focuses its allegations on direct infringement by Defendants for making, using, and selling the accused generators. (Compl. ¶ 27).
  • Willful Infringement: The complaint explicitly alleges that Defendants' infringement has been "willful, deliberate, and with knowledge of Champion's rights." (Compl. ¶ 34). This allegation is based on alleged actual notice provided by cease and desist correspondence sent on June 19, 2020, and August 16, 2024, as well as Defendants' alleged monitoring of Champion's patent portfolio. (Compl. ¶ 35).

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

  • A core issue will be one of definitional scope: The dispute will likely center on the construction of key claim terms. For the ’034 patent, can the phrase "downstream from the float bowl" be read to cover the precise location and operation of the accused cutoff mechanism? For the ’120 patent, does the accused "carburetor cutoff solenoid" meet the functional requirement of being "configured to selectively control" fuel flow through both the main and idle circuits, or only one?
  • A key evidentiary question will be one of technical operation: The complaint asserts infringement based on inspection of the accused products. The case may turn on what factual evidence, such as expert testimony and product teardowns, is presented to demonstrate that the components in the Westinghouse generators operate in the specific, coordinated manner required by the claims, particularly for features like "on-the-fly" switching and simultaneous control of multiple fuel circuits.
  • A central strategic question will be case simplification: With ten patents and numerous claims asserted against a wide array of products, the court may pressure the parties to narrow the scope of the case. A key development to watch will be which patents and claims Plaintiff chooses to prioritize, as this will reveal its core infringement theories and shape the trajectory of the litigation.