DCT
1:23-cv-02091
Ridge Wallet LLC v. Bemmo Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: The Ridge Wallet LLC (Delaware)
- Defendant: Bemmo Inc. (New York)
- Plaintiff’s Counsel: K&L GATES LLP
- Case Identification: 1:23-cv-02091, E.D.N.Y., 06/20/2023
- Venue Allegations: Plaintiff alleges venue is proper in the Eastern District of New York because Defendant is a New York corporation with its principal place of business in Brooklyn, has committed alleged acts of infringement within the district via online sales, and derives substantial revenue from the district.
- Core Dispute: Plaintiff alleges that Defendant’s "Slim Wallets" infringe a patent related to the design of compact, minimalist wallets, and also infringe Plaintiff's "Forged Ember" trade dress.
- Technical Context: The technology relates to minimalist wallets that use rigid plates and elastic bands to secure cards and cash, a product category that has gained significant popularity as an alternative to traditional leather wallets.
- Key Procedural History: The complaint alleges that Plaintiff provided notice of the asserted patent to Defendant via Amazon takedown requests in January 2023, followed by a formal cease and desist letter in February 2023. Plaintiff also notes an ongoing, separate International Trade Commission investigation against other parties as evidence of its broader enforcement efforts. This filing is a First Amended Complaint.
Case Timeline
| Date | Event |
|---|---|
| 2015-05-07 | ’808 Patent Priority Date |
| 2017-02-01 | ’808 Patent Application Filing Date |
| 2020-10-06 | ’808 Patent Issue Date |
| 2021-01-01 | Accused Product Launch (Alleged in 2021) |
| 2023-01-10 | Plaintiff files first Amazon takedown request |
| 2023-01-27 | Defendant sends letter to Plaintiff demanding retraction |
| 2023-02-06 | Plaintiff sends Cease and Desist letter to Defendant |
| 2023-06-20 | First Amended Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 10,791,808 - “Compact Wallet,” issued October 6, 2020
The Invention Explained
- Problem Addressed: The patent describes traditional wallets as bulky, prone to bulging uncomfortably in pockets, and offering insufficient protection for cards against bending or electronic snooping (RFID theft) (’808 Patent, col. 1:20-32). Existing minimalist designs are described as having their own flaws, such as snag-prone clips or limited expansion capacity due to how their elastic straps are anchored (’808 Patent, col. 1:45-58).
- The Patented Solution: The invention proposes a wallet constructed of two rigid "bookend" plates held together by an encircling elastic band (’808 Patent, col. 2:9-13). A key aspect is the use of a "channeling means," such as a groove machined into the interior face of the plates, to guide the elastic band. This design allows the wallet to maintain a minimal profile, free of external protrusions, while enabling the band to expand and contract along its full length, maximizing storage capacity (’808 Patent, col. 4:9-21). The plates are often held together by screws, which can be removed to replace a worn elastic band (’808 Patent, col. 4:22-32).
- Technical Importance: The design aimed to create a durable, highly expandable, and slim-profile wallet that securely protects its contents, solving practical issues of both bulk and security found in prior art wallets (’808 Patent, col. 2:25-34).
Key Claims at a Glance
- The complaint asserts independent claims 1 and 14 (Compl. ¶1).
- Independent Claim 1 recites:
- At least two rigid plates for sandwiching cards.
- At least one encircling elastic band to bias the plates inward.
- A "channeling means" to guide the elastic band and minimize the wallet's profile.
- An "auxiliary feature" (e.g., a money clip) that is removably attached to a plate via a "tang" having a "hook" that engages an "undercut" within a "recess" on the plate.
- Independent Claim 14 recites a similar wallet structure with:
- Two rigid plates, each having a "groove" along its length.
- An encircling elastic band that is "slidingly interposed in the grooves."
- A "recess" inside a plate, operable to receive a tang of an auxiliary feature, with the recess having an "undercut" to engage a "hook" on the tang.
III. The Accused Instrumentality
Product Identification
- The accused products are Defendant’s "Slim Wallets," including the "Slim Minimalist Credit Card Wallet with Money Clip" and the "Bemmo Carbon Fiber Card Holder Wallet with Money Clip" (Compl. ¶51). A "Forged Carbon Red" version is also specifically identified (Compl. ¶82).
Functionality and Market Context
- The complaint describes the Accused Products as "super sleek and stylish" compact wallets designed to hold up to 10 cards and bills with "no bulge" (Compl. ¶¶52-53). They are alleged to feature a "C-shape cut out for quick, easy access," a feature common to this type of wallet (Compl. ¶53). The complaint includes a photograph of the accused "Forged Carbon Red" wallet, which shows two outer plates, a finger notch, and an attached money clip. (Compl. p. 19). The products are allegedly sold through various third-party retail websites, including Amazon.com (Compl. ¶54).
IV. Analysis of Infringement Allegations
The complaint references a claim chart exhibit (Exhibit 20) that was not attached to the filing; the following analysis is based on the complaint's narrative allegations (Compl. ¶70).
'808 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| at least two rigid plates interposed to sandwich card-like contents there between, each rigid plate having a longitudinal extent | The Accused Products are compact wallets constructed with plates to hold cards. | ¶¶51, 53 | col. 3:59-62 |
| at least one encircling elastic band interposed with the at least two rigid plates along longitudinal extents thereof to bias them inwardly and securely hold the card-like contents | The Accused Products are alleged to be infringing wallets of the "sandwich-type design" which rely on an elastic component to hold the plates together. | ¶¶24, 70 | col. 4:1-5 |
| a channeling means configured to minimize the profile of the wallet and hold position of the at least one encircling elastic band with respect to each rigid plate | The complaint alleges infringement of all limitations but does not provide specific factual allegations regarding the internal construction or how the elastic band is guided. | ¶70 | col. 4:9-12 |
| an auxiliary feature removably attached to at least one of the at least two rigid plates, the auxiliary feature having a tang insertable into a recess formed inside the at least two rigid plates, the tang having a hook, the hook extending at an angle to the tang, the hook engaging an undercut of the recess to prevent inadvertent dislodgement of the auxiliary feature from the recess | The accused "Slim Minimalist Credit Card Wallet with Money Clip" is alleged to have the required auxiliary feature. The complaint does not provide detail on the specific attachment mechanism. | ¶51 | col. 6:49-62 |
Identified Points of Contention
- Structural Questions: A primary point of contention will be factual. Does the accused Bemmo wallet incorporate the specific structures recited in the claims? The complaint provides no evidence that the money clip on the accused wallet attaches via the highly specific "tang having a hook" engaging an "undercut of the recess" as required by both asserted independent claims. Likewise, there is no evidence presented regarding the "channeling means" or "groove" for the elastic band.
- Scope Questions: The dispute may raise the question of whether the term "channeling means" in Claim 1 should be interpreted broadly, or if it is limited by the specification's description of a "longitudinal groove" (’808 Patent, col. 4:9-12). The resolution of this construction will be critical for the infringement analysis.
V. Key Claim Terms for Construction
The Term: "channeling means" (Claim 1)
- Context and Importance: This functional language is central to the patent's described novelty of achieving a minimal profile. Infringement will depend on whether the accused product has a structure that performs the claimed functions of minimizing profile and holding the band's position, and whether that structure is equivalent to the one described in the specification.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The use of the general term "means" could support an argument that the claim is not limited to the exact structure shown, but covers any corresponding structure that accomplishes the same function.
- Evidence for a Narrower Interpretation: The specification consistently and exclusively describes the "channeling means" as a "longitudinal groove 21" located in a "first lamina 22" of the rigid plate (’808 Patent, col. 4:9-12, FIG. 8). A court may limit the scope of the term to this specific disclosed structure and its equivalents.
The Term: "the hook engaging an undercut of the recess" (Claims 1 and 14)
- Context and Importance: This precise mechanical language describes the locking mechanism for the removable "auxiliary feature" (e.g., the money clip). Plaintiff must prove that the accused wallet's money clip attaches using this exact mechanism. Given the lack of detail in the complaint, this limitation appears to be a significant hurdle for the plaintiff.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: A party might argue for a functional rather than a strictly structural interpretation, focusing on any mechanism that "engages" to "prevent inadvertent dislodgement."
- Evidence for a Narrower Interpretation: The patent provides specific illustrations of this mechanism, showing a distinct "hook 36" and "undercut 35" (’808 Patent, FIG. 12, FIG. 13). This detailed disclosure strongly supports a narrow, structural interpretation requiring the specific geometry described.
VI. Other Allegations
- Indirect Infringement: The complaint alleges inducement, asserting that Defendant’s instructions (Exhibit 21) on how to use the wallet cause end-users to directly infringe (Compl. ¶71). It also alleges contributory infringement on the basis that the accused wallets have no substantial non-infringing uses (Compl. ¶72).
- Willful Infringement: The complaint alleges that Defendant had pre-suit knowledge of the ’808 Patent as of January 10, 2023, based on Amazon takedown notices and a cease and desist letter sent on February 6, 2023, but continued its allegedly infringing conduct (Compl. ¶¶ 57-59, 75-76).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of structural proof: can Plaintiff produce evidence that the internal construction of Defendant's wallet contains the "channeling means" for the elastic band and, critically, that its money clip attaches using the specific "hook engaging an undercut" mechanism as required by the asserted claims? The complaint currently lacks these specific factual allegations.
- A key legal battle will likely be over claim construction: will the court define "channeling means" narrowly, limiting it to the "longitudinal groove" structure shown in the patent's figures, or will it adopt a broader functional interpretation? The outcome of this question will significantly impact the scope of the patent and the viability of the infringement case.