DCT
1:25-cv-00897
Buechs v. Buyers Products Co
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Scott Buechs (Massachusetts)
- Defendant: Buyers Products Company (Ohio)
- Plaintiff’s Counsel: O'Connell Law Office
- Case Identification: 1:25-cv-00897, N.D. Ohio, 05/05/2025
- Venue Allegations: Venue is alleged to be proper as Defendant is an Ohio corporation that resides in the district, maintains a regular and established place of business, has transacted business and committed alleged acts of infringement in the district, and has previously litigated in the district.
- Core Dispute: Plaintiff alleges that Defendant’s "ILLUMINATED LED GUIDES" for snow plows infringe two patents related to illuminated marker posts, known as "Whisker Illumination Apparatus."
- Technical Context: The technology involves illuminated, vertically-mounted guide markers used to increase the visibility of the outer edges of wide equipment, such as snow plow blades, for safety during operation.
- Key Procedural History: The complaint alleges a prior business relationship where Defendant held a license to the patents-in-suit under a 2018 agreement. Plaintiff alleges this license was terminated in 2021 for uncured breaches, after which Plaintiff's counsel sent letters to Defendant asserting "obvious... patent infringement" and warning against false marking. This history is presented to support allegations of pre-suit knowledge and willfulness.
Case Timeline
| Date | Event |
|---|---|
| 2014-08-25 | '312 Patent Priority Date |
| 2018-02-27 | '312 Patent Issue Date |
| 2018 | Patent License Agreement executed between parties |
| 2018-08-20 | '855 Patent Priority Date |
| 2021 | Plaintiff allegedly terminates Patent License Agreement |
| 2021-03-16 | Plaintiff's counsel sends letter re: false marking practices |
| 2021-05-25 | Plaintiff's counsel sends letter re: patent infringement |
| 2021-09-07 | '855 Patent Issue Date |
| 2025-05-05 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 9,902,312 - "Whisker Illumination Apparatus"
- Issued: February 27, 2018
The Invention Explained
- Problem Addressed: The patent describes that conventional, unlit guide markers ("whiskers") on snow plow blades are difficult for drivers, pedestrians, and other vehicles to see in darkness or when obscured by plowed snow, creating a safety hazard (’312 Patent, col. 1:36-47).
- The Patented Solution: The invention is an illuminated marker post that solves this visibility problem. It consists of an elongated, translucent tube containing an LED light string, which is mounted vertically onto a horizontal flange of the snow plow blade (’312 Patent, Abstract; Fig. 3). The apparatus is powered by the vehicle's existing auxiliary lighting system, ensuring it is active when the plow's main lights are on (’312 Patent, col. 7:42-53).
- Technical Importance: The invention provides a dedicated, integrated illumination system for the extremities of a plow blade, seeking to improve operational safety beyond what is offered by standard passive markers or general vehicle lighting (’312 Patent, col. 2:48-52).
Key Claims at a Glance
- The complaint asserts independent claims 1 and 7 (Compl. ¶20).
- Independent Claim 1 recites an apparatus for marking a snow plow blade, comprising:
- An elongated and translucent or transparent tubular member.
- A mounting piece secured to the bottom of the tubular member for mounting on a horizontal flange of the snow plow blade.
- An elongated light string with LEDs inside the tubular member.
- A source of electrical energy in the form of the vehicle's auxiliary lighting.
- A specific mounting coupling with a top collar, a base extending through a hole in the flange, and a securing nut.
- Independent Claim 7 recites a similar apparatus, but describes the mounting surface more generally as a "horizontal flange having a hole therein" and the light string source as "auxiliary lighting," and recites conductor wiring connecting the two.
- The complaint reserves the right to assert dependent claims 2-3 and 6-8 (Compl. ¶19).
U.S. Patent No. 11,110,855 - "Whisker Illumination Apparatus"
- Issued: September 7, 2021
The Invention Explained
- Problem Addressed: The patent seeks to improve upon the invention of the ’312 Patent, suggesting a need for a more robust and weather-resistant design, particularly for protecting the electrical wiring from damage caused by harsh conditions like thrown snow and ice (’855 Patent, col. 6:40-44).
- The Patented Solution: The ’855 Patent adds specific protective features to the whisker apparatus. These include a sealed cap for the top of the tube, a crimpable collar to secure the tube to its mount, and, notably, the use of shrink wrap sleeves to protect the wiring as it enters the mounting piece (’855 Patent, Abstract; col. 4:44-46).
- Technical Importance: These enhancements aim to increase the durability and reliability of the illuminated whisker in the demanding environment of snow plowing, addressing potential failure points in the wiring and assembly (’855 Patent, col. 6:58-64).
Key Claims at a Glance
- The complaint asserts independent claims 1, 8, and 17 (Compl. ¶23).
- Independent Claim 1 is similar to claim 1 of the ’312 Patent but adds a key limitation:
- The mounting piece has a center passage for wiring and includes "a length of shrink wrap that extends about the wiring and at least partially into the center passage."
- Independent Claim 8 recites an apparatus with a similar combination of a tubular member, mounting piece, and light string, but adds specific details about the wiring, including "separate connecting wires that couple between adjacent LED's" and a "crimpable collar."
- Independent Claim 17 recites an apparatus with an "elongated and planar support strip" for the LEDs and a "cap that is disposed over the top of the elongated tubular member to provide a sealed area."
- The complaint reserves the right to assert dependent claims 6-7, 9-10, and 19 (Compl. ¶21).
III. The Accused Instrumentality
Product Identification
- The complaint identifies the accused products as "ILLUMINATED LED GUIDES," including Part Nos. 1308124, 1308128, and 1308136 (Compl. ¶19, 21).
Functionality and Market Context
- The complaint alleges that the Accused Products are "whisker illumination apparatuses" designed for use on snow plows (Compl. ¶16, 18). It further alleges that these products contain all elements of the asserted claims of the patents-in-suit and are sold by Defendant for that purpose (Compl. ¶19, 21). The complaint asserts that Defendant previously recognized the value of the patented inventions by entering into a license agreement in 2018 (Compl. ¶25). No probative visual evidence provided in complaint.
IV. Analysis of Infringement Allegations
The complaint alleges that the Accused Products literally infringe the patents-in-suit, referencing non-limiting claim chart analyses in Exhibits D and E, which were not provided with the complaint (Compl. ¶19, 21). The infringement theory is based on allegations that the Accused Products, when sold and used as intended, embody each element of the asserted claims.
’902,312 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| An apparatus for marking the location of an object... said object being a snow plow blade... | The complaint alleges the "ILLUMINATED LED GUIDES" are apparatuses for marking the location of a snow plow blade. | ¶19, 20 | col. 5:12-14 |
| an elongated and translucent or transparent tubular member having top and bottom ends | The complaint alleges the Accused Products include an elongated translucent or transparent tube. | ¶19, 20 | col. 6:2-4 |
| a mounting piece secured to the bottom end of the... tubular member... for mounting from a... horizontal flange of the snow plow blade having a hole therein | The complaint alleges the Accused Products possess a mounting piece for securing the tube to the horizontal flange of a snow plow. | ¶19, 20 | col. 5:50-54 |
| an elongated light string that extends within the... tubular member... comprised of... a plurality of LED's | The complaint alleges the Accused Products contain an elongated light string with LEDs inside the tube. | ¶19, 20 | col. 6:11-16 |
| a source of electrical energy... in the form of the auxiliary lighting | The complaint alleges the Accused Products are powered by a vehicle's auxiliary lighting. | ¶19, 20 | col. 7:42-44 |
| wherein the mounting piece comprises a mounting coupling that includes a top collar... a base that is integral with the top collar... and a securing nut | The complaint alleges the Accused Products use a specific mounting coupling with a collar, integral base, and nut. | ¶19, 20 | col. 6:31-41 |
’110,855 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| An apparatus for marking the location of an object... said object being a snow plow blade... | The complaint alleges the "ILLUMINATED LED GUIDES" are apparatuses for marking the location of a snow plow blade. | ¶21, 23 | col. 4:10-20 |
| an elongated and translucent or transparent tubular member... a mounting piece secured to the bottom end... | The complaint alleges the Accused Products include an elongated tube secured by a mounting piece. | ¶21, 23 | col. 4:11-15 |
| wherein said mounting piece also has a center passage for receiving the wiring, and further including a length of shrink wrap that extends about the wiring and at least partially into the center passage | The complaint alleges the Accused Products' mounting piece has a passage for wiring and includes protective shrink wrap over the wiring. | ¶21, 23 | col. 4:44-46 |
Identified Points of Contention
- Structural Questions: A primary area of dispute may involve the highly specific structural limitations of the claims. For both patents, this includes the detailed recitation of the "mounting coupling" (its collar, integral base, and nut). For the ’855 patent, the added "length of shrink wrap" limitation will be a critical point. The core question is one of structural correspondence: does the accused product's construction mirror the specific components recited in the claims, or are there material differences?
- Evidentiary Questions: The complaint makes conclusory allegations of infringement, referencing external exhibits. A key question for the court will be what evidence Plaintiff can produce to demonstrate that the Accused Products actually contain each of these specific elements, such as the internal structure of the mounting piece and the presence and placement of shrink wrap.
V. Key Claim Terms for Construction
The Term: "auxiliary lighting" (’312 Patent, Claim 1; ’855 Patent, Claim 1)
- Context and Importance: This term defines the power source for the patented apparatus. Its construction is critical because it could limit infringement to devices designed to connect to a specific type of vehicle lighting system. Practitioners may focus on this term to determine if "auxiliary lighting" is limited to a vehicle's dedicated plow-light system or if it could more broadly cover any available 12-volt power source on the vehicle.
- Intrinsic Evidence for Interpretation:
- Evidence for a Narrower Interpretation: The specification explicitly links the power to the "plow system headlights" and shows a schematic where the apparatus is wired into the "plow light box" (’312 Patent, Fig. 8; ’855 Patent, col. 7:1-5). This could support an interpretation limiting the term to the dedicated plow lighting circuit.
- Evidence for a Broader Interpretation: The claim language itself is not explicitly limited to a "plow light box," only "auxiliary lighting." A party might argue this term, in its ordinary meaning, could encompass other power sources on a vehicle, such as marker lights or an accessory circuit.
The Term: "shrink wrap that extends about the wiring and at least partially into the center passage" (’855 Patent, Claim 1)
- Context and Importance: This limitation is a key distinguishing feature of the ’855 patent. Infringement of this claim will depend on whether the accused product has a component that meets this specific structural and locational requirement.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The complaint does not provide sufficient detail for analysis of evidence supporting a broader interpretation.
- Evidence for a Narrower Interpretation: The specification and figures describe a multi-part sleeving system, with an "upper shrink wrap sleeve" extending into the passage in the coupler to protect the wiring (’855 Patent, col. 4:52-58, col. 6:16-26, Fig. 1). This detailed description of a specific embodiment may be used to argue for a narrow construction that requires this precise arrangement.
VI. Other Allegations
Indirect Infringement
- The complaint alleges both induced and contributory infringement. It asserts that Defendant had knowledge of the patents (from the prior license) and encouraged infringement by selling products "specially made or specially adapted for use in direct infringement" with no substantial non-infringing use (Compl. ¶24, 50-51, 56-57).
Willful Infringement
- Willfulness is alleged for both patents. The allegations are based on the Defendant's pre-suit knowledge of the patents from their time as a licensee, followed by continued sales after the license was allegedly terminated and after receiving explicit letters from Plaintiff's counsel warning of infringement (Compl. ¶25, 27-28, 34, 41, 46).
False Marking
- The complaint includes a count for false marking, alleging that after the license termination, Defendant continued to mark its "ILLUMINATED LED GUIDES" as "Patented" without Plaintiff's consent and with the intent to deceive the public (Compl. ¶61).
VII. Analyst’s Conclusion: Key Questions for the Case
- A central issue will be the impact of the parties' prior business relationship. Given the allegations of a terminated license and explicit pre-suit warnings, a key question for the court will be whether Defendant's subsequent conduct constitutes willful infringement, potentially exposing it to enhanced damages and attorney's fees.
- The case will likely involve a close analysis of structural correspondence. Infringement will turn on whether the accused "ILLUMINATED LED GUIDES" contain the highly specific components recited in the claims, such as the detailed "mounting coupling" and, for the '855 patent, the "length of shrink wrap" in its claimed location.
- A significant secondary dispute may arise from the false marking claim. The court will have to determine whether Defendant marked its products with an intent to deceive the public after its rights under the patent license allegedly ceased.