DCT

3:25-cv-00239

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, and have committed the alleged acts of patent infringement in the district.
  • Core Dispute: Plaintiff alleges that Defendant’s Westinghouse-branded multi-fuel generators infringe ten U.S. patents related to fuel delivery systems for internal combustion engines, including technologies for switching between liquid and gaseous fuels, fuel cut-offs, and mechanical fuel selectors.
  • Technical Context: The technology at issue concerns fuel systems for portable electric generators, enabling them to operate on multiple fuel sources such as gasoline and liquid petroleum gas (LPG) while ensuring stable and reliable performance during fuel transition and operation.
  • Key Procedural History: The complaint states that Plaintiff sent cease and desist correspondence to Defendant MWE Investments, LLC regarding the accused Westinghouse generators in June 2020 and again in August 2024. The complaint also alleges that Defendant MWE became a subsidiary of Defendant WEC in or around October 2024.

Case Timeline

Date Event
2015-06-12 Earliest Priority Date for all Patents-in-Suit
2019-03-05 U.S. Patent No. 10,221,780 Issued
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 by Plaintiff
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
2022-04-19 U.S. Patent No. 11,306,667 Issued
2022-11-08 U.S. Patent No. 11,492,985 Issued
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 by Plaintiff
2024-10-01 Defendant MWE allegedly became a subsidiary of WEC
2025-05-14 Complaint Filing Date

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

U.S. Patent No. 10,393,034 - "FUEL SYSTEM FOR A MULTI-FUEL INTERNAL COMBUSTION ENGINE", Issued August 27, 2019

The Invention Explained

  • Problem Addressed: The patent's background describes a problem in multi-fuel engines where switching from a liquid fuel (like gasoline) to a gaseous fuel (like propane) can cause an "overly rich air-fuel ratio." This occurs because residual liquid fuel from the carburetor's float bowl is drawn into the engine simultaneously with the new gaseous fuel, potentially leading to unstable operation or engine stalling (Compl., Ex. A, ’034 Patent, col. 1:62-col. 2:7).
  • The Patented Solution: The invention proposes a system of electro-mechanical valves, including a "liquid cutoff solenoid" positioned downstream from the carburetor's float bowl. A switch controls this solenoid and a corresponding gaseous cutoff valve to precisely manage fuel flow, preventing the simultaneous delivery of both fuels and enabling a smooth "on-the-fly" transition between sources while the engine is running (Compl., Ex. A, ’034 Patent, Abstract; col. 6:6-11; FIG. 2).
  • Technical Importance: This approach provides a method for reliably switching fuel types in portable generators without interrupting power generation or causing operational instability (Compl., Ex. A, ’034 Patent, col. 2:8-11).

Key Claims at a Glance

  • The complaint asserts independent claims 1, 11, and 18 (Compl. ¶26, ¶28, ¶30, ¶32).
  • Independent Claim 1 requires:
    • A multi-fuel engine operable on a liquid fuel and a gaseous fuel;
    • A carburetor attached to the engine's intake, 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 for selectively coupling a power source to the liquid cutoff solenoid to open and close the liquid fuel path.
  • The complaint also asserts dependent claims 3, 5-9, and 12 (Compl. ¶26, ¶28, ¶30, ¶32).

U.S. Patent No. 11,143,120 - "FUEL SYSTEM FOR A MULTI-FUEL INTERNAL COMBUSTION ENGINE", Issued October 12, 2021

The Invention Explained

  • Problem Addressed: The patent addresses the need for precise fuel management in multi-fuel engines, particularly the challenge of regulating fuel supplied from a pressurized gaseous source to ensure stable engine operation (Compl., Ex. B, ’120 Patent, col. 2:1-11).
  • The Patented Solution: The invention describes a multi-fuel generator system incorporating a two-stage fuel regulator for the gaseous fuel line. This system uses a primary pressure regulator to reduce the fuel pressure from the source and a secondary pressure regulator to further regulate the fuel to a desired pressure for engine operation. This is combined with an electro-mechanical valve system to control fuel flow from both liquid and gaseous sources (Compl., Ex. B, ’120 Patent, Abstract; FIG. 1).
  • Technical Importance: The two-stage pressure regulation provides more stable and reliable engine performance when operating on pressurized gaseous fuels like LPG, which can have varying tank pressures (Compl., Ex. B, ’120 Patent, col. 4:24-41).

Key Claims at a Glance

  • The complaint asserts independent claims 12 and 18 (Compl. ¶41, ¶43, ¶49, ¶51).
  • Independent Claim 12 requires:
    • A multi-fuel generator and fuel delivery system having a multi-fuel internal combustion engine configured to operate on liquid fuel and gaseous fuel from a pressurized source;
    • An alternator driven by the engine; and
    • A fuel regulator system comprising a primary pressure regulator and a secondary pressure regulator to regulate the gaseous fuel to a desired pressure for delivery to the engine.
  • The complaint also asserts dependent claims 13, 14, and 19 (Compl. ¶41, ¶49, ¶51).

U.S. Patent No. 11,492,985 - "OFF-BOARD FUEL REGULATOR FOR GENERATOR ENGINE", Issued November 8, 2022

  • Technology Synopsis: This patent addresses the design of multi-fuel generators by locating the fuel regulator system "off-board" from the generator itself. This is intended to reduce the size and cost of the generator unit while still providing two-stage pressure regulation for gaseous fuels (Compl., Ex. C, ’985 Patent, Abstract; col. 4:48-52).
  • Asserted Claims: Independent claims 1, 11, and 16 are asserted (Compl. ¶61, ¶63, ¶67).
  • Accused Features: The complaint alleges that certain Westinghouse generators are configured to operate with an off-board, two-stage fuel regulator system supplied with the product for regulating gaseous fuel from a pressurized source (Compl. ¶60a, ¶61a, ¶61e-f).

U.S. Patent No. 10,221,780 - "DUAL FUEL LOCKOUT SWITCH FOR GENERATOR ENGINE", Issued March 5, 2019

  • Technology Synopsis: This invention describes a mechanical fuel lockout switch for a dual-fuel engine. The switch uses a mechanical valve coupled to a lockout apparatus to ensure that only one fuel source (e.g., gasoline or LPG) can be delivered to the engine at a time, preventing the simultaneous flow of both fuels (Compl., Ex. D, ’780 Patent, Abstract).
  • Asserted Claims: Independent claims 1, 8, and 15 are asserted (Compl. ¶76, ¶78).
  • Accused Features: The accused generators are alleged to include a mechanical fuel lockout switch with a valve that is actuatable between positions to selectively control fuel flow from a first and second fuel source, preventing simultaneous delivery (Compl. ¶76a, ¶76e, ¶76i).

U.S. Patent No. 11,905,895 - "DUAL FUEL LOCKOUT SWITCH FOR GENERATOR ENGINE", Issued February 20, 2024

  • Technology Synopsis: This patent is related to the ’780 Patent and further details a mechanical fuel lockout switch. The claims specify the valve's configuration to allow communication with one fuel source while preventing communication with the other, and a lockout apparatus that physically prevents the second fuel source from being coupled when the first is in use (Compl., Ex. E, ’895 Patent, Abstract).
  • Asserted Claims: Independent claims 1 and 8 are asserted (Compl. ¶87, ¶89).
  • Accused Features: The complaint accuses the generators' mechanical fuel lockout switches, which allegedly feature a valve and lockout apparatus configured to prevent simultaneous fuel source communication and coupling (Compl. ¶87a-b).

U.S. Patent No. 10,697,398 - "BATTERYLESS DUAL FUEL ENGINE WITH LIQUID FUEL CUT-OFF", Issued June 30, 2020

  • Technology Synopsis: The technology concerns a dual-fuel engine that can operate without a battery. It includes a liquid fuel cut-off (such as a solenoid valve) incorporated into the carburetor that is powered by the engine's own electrical power generator (e.g., a magneto or alternator), allowing it to interrupt liquid fuel flow when switching to gaseous fuel even on a pull-start engine (Compl., Ex. F, ’398 Patent, Abstract; col. 8:54-61).
  • Asserted Claims: Independent claims 1, 23, and 57 are asserted (Compl. ¶98, ¶102, ¶104).
  • Accused Features: The accused generators are alleged to be batteryless, dual-fuel engines with a liquid fuel cut-off in the carburetor that interrupts liquid fuel flow upon actuation of a fuel selector switch (Compl. ¶98a, ¶102h, ¶102i).

U.S. Patent No. 11,143,145 - "BATTERYLESS DUAL FUEL ENGINE WITH LIQUID FUEL CUT-OFF", Issued October 12, 2021

  • Technology Synopsis: Similar to the ’398 patent, this invention describes a batteryless dual-fuel generator. It specifies a system with an engine-driven electrical power generator (comprising a charging coil), a liquid fuel cut-off solenoid, and a voltage regulator that provides a regulated voltage to the solenoid, ensuring reliable operation of the fuel cut-off (Compl., Ex. G, ’145 Patent, Abstract).
  • Asserted Claims: Independent claims 1 and 11 are asserted (Compl. ¶117, ¶119, ¶121, ¶123).
  • Accused Features: The complaint alleges the generators have a dual fuel system with an engine-driven power generator, a liquid fuel cut-off solenoid, and a voltage regulator to power the solenoid upon actuation of a switch (Compl. ¶117a, ¶121a).

U.S. Patent No. 10,598,101 - "DUAL FUEL SELECTOR SWITCH", Issued March 24, 2020

  • Technology Synopsis: This patent describes a mechanical fuel selector for a dual fuel generator. The invention uses a valve assembly with two separate mechanical fuel valves and a selector switch (or handle) that ensures only one fuel valve can be in the "open" position at a time, mechanically preventing simultaneous fuel flow (Compl., Ex. H, ’101 Patent, Abstract).
  • Asserted Claims: Independent claims 1, 10, and 18 are asserted (Compl. ¶132, ¶134).
  • Accused Features: The generators are alleged to include a fuel selector with a valve assembly connected to two fuel sources and a manual selector switch that controls two mechanical fuel valves to allow selection of only one fuel flow at a time (Compl. ¶132a, ¶132e, ¶132g).

U.S. Patent No. 11,306,667 - "DUAL FUEL SELECTOR SWITCH", Issued April 19, 2022

  • Technology Synopsis: Related to the ’101 patent, this invention focuses on a fuel selector with a valve assembly having two fuel inputs and two fuel outputs. A selector switch allows a user to manually select one fuel flow, and it is configured to supply fuel to the engine from only one of the two sources at a time (Compl., Ex. I, ’667 Patent, Abstract).
  • Asserted Claims: Independent claim 1 is asserted (Compl. ¶143, ¶145, ¶147, ¶149).
  • Accused Features: The accused generators allegedly possess a fuel selector with a valve assembly having two inputs and two outputs, where a selector switch ensures fuel is supplied from only one source at a time in response to user selection (Compl. ¶143a).

U.S. Patent No. 11,905,896 - "DUAL FUEL SELECTOR SWITCH", Issued February 20, 2024

  • Technology Synopsis: This patent is also part of the fuel selector switch family. It claims a selector with a movable selector switch that interacts with a valve assembly comprising two mechanical fuel valves. The switch's movement allows a user to manually select one fuel flow while physically preventing the selection of the other (Compl., Ex. J, ’896 Patent, Abstract).
  • Asserted Claims: Independent claims 7, 15, and 30 are asserted (Compl. ¶158, ¶160, ¶162, ¶164).
  • Accused Features: The complaint alleges the accused generators' fuel selectors have a movable selector switch and a valve assembly with two mechanical fuel valves, configured to allow manual selection of one fuel flow at a time (Compl. ¶158a, ¶158d, ¶158f).

III. The Accused Instrumentality

Product Identification

The accused instrumentalities are numerous models of Westinghouse-branded multi-fuel generators, including those in the "WGen" and "iGen" product lines, such as the WGen 3600DFc, iGen 4500DF, and WGen 12000DFc (Compl. ¶25, ¶40, ¶59, ¶75, ¶86, ¶97, ¶116, ¶131, ¶142, ¶157).

Functionality and Market Context

The complaint alleges that the accused products are multi-fuel internal combustion engine generators capable of operating on both a liquid fuel (gasoline) and a gaseous fuel (LPG) (Compl. ¶26c, ¶41a). Functionally, they are alleged to incorporate the patented technologies, including electro-mechanical and mechanical fuel selection and cutoff systems designed to manage the transition between these two fuel sources (Compl. ¶26, ¶76). The complaint states that Defendants make, use, sell, and import these generators within the United States, including through commercial websites (Compl. ¶3).

IV. Analysis of Infringement Allegations

'034 Patent 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 generators include a multi-fuel engine that operates on both liquid (e.g., gasoline) and gaseous (e.g., LPG) fuels. ¶26a col. 2:15-17
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 generators have a carburetor attached to the engine intake that mixes air and fuel and contains a float bowl for the liquid fuel. ¶26a col. 5:48-54
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 generators allegedly include a liquid cutoff solenoid coupled to the carburetor that controls the liquid fuel path to the engine at a point after the float bowl. ¶26a col. 5:61-67
a gaseous cutoff coupled to open and close a gaseous fuel source to the engine The accused generators allegedly include a gaseous cutoff mechanism to control the flow of gaseous fuel to the engine. ¶26a col. 6:2-5
a switch selectively coupling a power source to the liquid cutoff solenoid to open and close the liquid fuel path The accused generators allegedly possess a switch that a user can operate to couple power to the liquid cutoff solenoid, thereby controlling the liquid fuel path. ¶26a col. 6:6-11

'120 Patent Infringement Allegations

Claim Element (from Independent Claim 12) Alleged Infringing Functionality Complaint Citation Patent Citation
a multi-fuel generator and fuel delivery system having a multi-fuel internal combustion engine configured to operate on a liquid fuel...and a gaseous fuel supplied from a pressurized fuel source The accused products are multi-fuel generators with engines that operate on liquid fuel and gaseous fuel supplied from a pressurized source. ¶41a col. 3:23-28
an alternator driven by the multi-fuel internal combustion engine The accused generators' engines drive an alternator to produce electricity. ¶41a col. 3:39-41
a fuel regulator system including a primary pressure regulator coupled to a service valve of a pressurized fuel source...and a secondary pressure regulator coupled to the primary pressure regulator The accused generators are alleged to utilize a two-stage fuel regulator system, with both primary and secondary regulators, to control the pressure of the gaseous fuel for delivery to the engine. ¶41a col. 4:24-41

Identified Points of Contention

  • Evidentiary Questions: The complaint makes highly specific technical assertions about the internal components and operation of numerous generator models based on "acquisition, disassembly...review of the owner's manual and electrical schematics, and inspection" (Compl. ¶26, ¶41). A central point of contention may be whether the physical evidence and schematics obtained in discovery will fully substantiate these detailed infringement allegations for each accused model against each element of the asserted claims. For example, the schematic diagram in the '034 patent illustrates a specific electrical and mechanical layout (Compl., Ex. A, '034 Patent, FIG. 2). The case may turn on whether the accused products embody this claimed layout.
  • Scope Questions: The infringement allegations rely on the accused products containing components that map directly to claim elements like "liquid cutoff solenoid" and a "primary pressure regulator...and a secondary pressure regulator." A potential dispute will be whether the components in the accused generators, as they are actually constructed and operate, fall within the scope of these terms as they are used in the patents and ultimately construed by the court.

V. Key Claim Terms for Construction

Term from '034 Patent: "liquid cutoff solenoid...downstream from the float bowl"

  • Context and Importance: This term is central to the invention's stated solution of preventing an "overly rich" fuel mixture during fuel switching. The location of the solenoid—after the float bowl's fuel reservoir—is critical to its function of immediately stopping liquid fuel flow to the engine's throat. Practitioners may focus on this term because infringement will depend on showing that the accused products' cutoff mechanism is located at this specific point in the fuel path.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The claim language requires the solenoid to be "coupled to the carburetor" and "downstream from the float bowl" but does not specify a precise method of coupling or an exact location, which could support an argument for a range of physical implementations (Compl., Ex. A, ’034 Patent, col. 13:39-42).
    • Evidence for a Narrower Interpretation: The specification explicitly describes the liquid cutoff solenoid (94) as operating to "close a liquid fuel path to the engine downstream from float bowl 88," and FIG. 4 shows it directly controlling the main fuel circuit (152) originating from the float bowl (88) (Compl., Ex. A, ’034 Patent, col. 5:63-67; FIG. 4). This could support a narrower construction tied to this specific embodiment.

Term from '120 Patent: "a fuel regulator system including a primary pressure regulator...and a secondary pressure regulator"

  • Context and Importance: The claim requires a two-stage regulation system. Infringement hinges on whether the accused generators' method for regulating gaseous fuel pressure involves two distinct regulatory stages corresponding to a "primary" and "secondary" regulator. If the accused products use a single-stage regulator or an alternative pressure management system, they may not infringe.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The claim requires the presence of two functionally distinct regulators but does not limit them to being separate physical components. The term "system" could be argued to encompass an integrated unit that performs both primary and secondary regulation functions (Compl., Ex. B, ’120 Patent, col. 14:1-5).
    • Evidence for a Narrower Interpretation: The specification describes the primary regulator's function as protecting "downstream components from high pressure" and the secondary regulator's function as further reducing pressure "to a second stage to be delivered to generator 30," implying two sequential and functionally distinct steps. Embodiments also describe the system as potentially "off-board" the generator (Compl., Ex. B, ’120 Patent, col. 4:24-41, col. 4:48-52).

VI. Other Allegations

Indirect Infringement

The complaint does not provide sufficient detail for analysis of indirect infringement. The allegations focus on Defendants' direct acts of making, using, and selling the accused products (Compl. ¶27, ¶42).

Willful Infringement

The complaint alleges willful infringement based on Defendants' alleged knowledge of Plaintiff's patents. This knowledge is asserted to arise from, among other things, correspondence sent by Plaintiff to Defendant MWE on June 19, 2020, and August 16, 2024, demanding cessation of infringement or a license. The complaint further alleges that Defendants have monitored Plaintiff's patents and published patent applications (Compl. ¶34, ¶35, ¶53, ¶54).

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

  • A central issue will be one of technical and evidentiary proof: The complaint makes detailed allegations about the internal configuration of dozens of accused generator models. A key question for the case will be whether discovery confirms that the physical construction and electrical schematics of each accused product meet every limitation of the asserted claims, particularly the precise location and function of components like the "liquid cutoff solenoid downstream from the float bowl" (’034 Patent) and the presence of a two-stage "primary...and a secondary pressure regulator" system (’120 Patent).
  • A second core issue will involve claim construction and scope: The dispute may turn on the interpretation of key technical terms. For example, can the claim term "fuel regulator system" from the ’120 Patent, which requires two distinct regulator functions, be read broadly to cover an integrated component in the accused products, or will it be narrowly construed to require two separate physical devices as depicted in certain embodiments?
  • A third question will be one of willfulness and damages: Given the allegation that Plaintiff sent cease and desist letters in 2020 and 2024, a key factual dispute will be what knowledge Defendants possessed and when they possessed it. The resolution of this question will be critical to any potential finding of willful infringement and possible enhancement of damages.