DCT

4:22-cv-04004

HYDRAASSIST LLC v. RK Partnership LLC

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 4:22-cv-04004, D.S.D., 11/22/2022
  • Venue Allegations: Venue is alleged to be proper in the District of South Dakota because both Defendants are South Dakota companies that reside, maintain a regular and established place of business, and have allegedly committed acts of infringement within the district.
  • Core Dispute: Plaintiff alleges that Defendants’ thermally insulated livestock coolers infringe two utility patents and one design patent related to containers for storing and dispensing livestock medications.
  • Technical Context: The technology concerns thermally insulated containers designed to maintain the temperature of livestock medications while providing convenient, organized access to administration devices in a field setting.
  • Key Procedural History: The complaint alleges that Plaintiff sent a notice letter to Defendant RK Partnership LLC on August 10, 2021, identifying the patents-in-suit and the accused products. This alleged pre-suit notice forms the primary basis for the complaint's allegations of willful infringement.

Case Timeline

Date Event
2017-01-12 '866 and '786 Patents Priority Date
2017-04-07 '859 Design Patent Priority Date
2018-12-25 U.S. Design Patent No. D836,859 Issued
2019-06-18 U.S. Patent No. 10,322,866 Issued
2020-10-20 U.S. Patent No. 10,807,786 Issued
2021-08-11 Defendant Allegedly Received Notice Letter
2022-11-22 Amended Complaint Filed

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

U.S. Patent No. 10,322,866 - “Thermally Insulated Livestock Medication Container”

  • Issued: June 18, 2019

The Invention Explained

  • Problem Addressed: The patent identifies a need for a way to conveniently store livestock medication delivery devices (e.g., syringes) and maintain their contents within a thermally protected environment when not in active use ('866 Patent, col. 1:29-36).
  • The Patented Solution: The invention is a thermally insulated container featuring a lid with one or more apertures, formed by "sleeves," designed to hold a medication delivery device in an upright position. This allows the temperature-sensitive tip of the device to be kept inside the container ('866 Patent, col. 3:15-19). The container may also include a split lid and removable dividers to segregate medications and supplies, such as cold packs ('866 Patent, Abstract; Fig. 8).
  • Technical Importance: This design purports to solve the practical challenge of keeping multiple, prepared medication dispensers organized, temperature-controlled, and readily accessible during large-scale livestock treatment operations ('866 Patent, col. 1:20-27).

Key Claims at a Glance

  • The complaint asserts independent claims 1 and 15, and dependent claims 2-5 (Compl. ¶25).
  • Independent Claim 1 requires:
    • A thermally insulated body with an interior cavity and top opening.
    • A lid configured to close the top opening.
    • One or more sleeves forming apertures extending through the lid.
    • The sleeves extend from an interior of the lid and are dimensioned to "holster a dispensing end of a livestock medication delivery device in an upright orientation."
  • Independent Claim 15 requires:
    • A thermally insulated body.
    • A first lid segment and a second lid segment.
    • One or more sleeves forming apertures extending through the second lid segment.
    • The sleeves extend from an interior of the lid and are dimensioned to "retain a dispensing end of a livestock medication delivery device in an upright orientation" with the device's tip received within the interior cavity.

U.S. Patent No. 10,807,786 - “Thermally Insulated Livestock Medication Container”

  • Issued: October 20, 2020

The Invention Explained

  • Problem Addressed: As a continuation of the application leading to the '866 Patent, the '786 Patent addresses the same problem of storing and thermally protecting livestock medication delivery devices ('786 Patent, col. 1:30-38).
  • The Patented Solution: The solution is substantively the same as in the '866 Patent: a thermally insulated container with a lid featuring integrated sleeves to hold medication dispensers. The claims of this patent provide a different description of the sleeve and lid structure ('786 Patent, col. 2:16-27; Fig. 8).
  • Technical Importance: The invention provides a system for maintaining the efficacy of temperature-sensitive medications while improving workflow efficiency for veterinarians and ranchers ('786 Patent, col. 1:20-27).

Key Claims at a Glance

  • The complaint asserts independent claims 1, 15, and 18, and dependent claims 2-3 (Compl. ¶38).
  • Independent Claim 1 requires:
    • A thermally insulated body.
    • A lid.
    • One or more sleeves that "extend from a bottom surface of the lid."
    • The sleeves "surround an aperture extending from an interior face of the lid" and are dimensioned to "holster an end of a cylindrical device."
  • Independent Claim 15 is directed to a lid for an insulated container and requires:
    • A first and second lid segment.
    • One or more sleeves "extending from a bottom surface of the second lid segment" and an aperture defined through an "interior face of the second lid segment," dimensioned to "retain a cylindrical shaft."
  • Independent Claim 18 is also directed to a lid and requires:
    • A lid segment.
    • An aperture "vertically extending through a top surface and a bottom surface of the lid segment."
    • A sleeve "extending from the bottom surface of the lid segment and aligned with the aperture," dimensioned to "holster a cylindrical shaft."

U.S. Design Patent No. D836,859 - “Livestock Vaccination Cooler”

  • Issued: December 25, 2018

Technology Synopsis

This design patent claims the ornamental, non-functional appearance of a livestock vaccination cooler (D836,859 Patent, Claim). The protected design includes the overall container shape, the configuration of the split lid, the visual placement of latches, and the arrangement of three circular features on one side of the lid (D836,859 Patent, Figs. 1, 4).

Asserted Claims

The single claim for the ornamental design as shown in the patent's figures is asserted (Compl. ¶50).

Accused Features

The complaint alleges that the overall visual impression of the Accused Products is substantially the same as the patented design, to the level that it would deceive an ordinary observer (Compl. ¶52). This allegation is supported by a side-by-side visual comparison table in the complaint (Compl. pp. 29-32).

III. The Accused Instrumentality

Product Identification

The accused products are the "3 Holster Ranch Hand Cross Vaccine Cooler," "2 Holster Chute Side Cooler," and "4 Holster Ranch Hand Vaccination Cooler" (collectively, the "Accused Products") (Compl. ¶19).

Functionality and Market Context

The complaint describes the Accused Products as thermally insulated containers for livestock medication (Compl. ¶19). Photographs show a cooler with a hinged, two-part lid (Compl. Fig. 10, F, G). One part of the lid features integrated "holsters" with sleeves that extend downward and are designed to hold medication delivery devices upright, with their ends inside the cooler's cavity (Compl. ¶¶27, 40). A photograph of an accused product shows it being used to hold three syringe-like devices (Compl. Fig. 15). The interior of the container includes removable dividers to create separate compartments (Compl. Fig. 17). The complaint does not provide specific details regarding the products' market positioning.

IV. Analysis of Infringement Allegations

'866 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
a thermally insulated body having a plurality of upstanding sidewalls, a bottom wall... to define an interior cavity, and a top opening The Accused Products have a thermally insulated body (A) with sidewalls (B), a bottom wall (C), an interior cavity (D), and a top opening (E). Figure 5 shows an interior view of the cavity. ¶27, Figs. 4-10 col. 3:5-9
a lid movably attached to at least one of the plurality of upstanding sidewalls... configured to provide a closure of the top opening The Accused Products include lids (F, G) that are movably attached to the body and close the top opening (E). Figure 12 shows the two lid portions in a closed state. ¶27, Figs. 11-12 col. 3:10-14
one or more sleeves forming apertures extending through the lid The Accused Products include one or more sleeves (H1, H2, H3) that form apertures extending through the lid (G). Figure 14 highlights these features. ¶27, Fig. 14 col. 3:14-16
wherein the one or more sleeves extend from an interior of the lid The complaint alleges the sleeves extend from an interior of the lid. Figure 15 shows the sleeves extending below the top surface of the lid into the cooler. ¶27, Fig. 15 col. 4:38-42
and are dimensioned to holster a dispensing end of a livestock medication delivery device in an upright orientation The sleeves are allegedly dimensioned to holster a dispensing end of a livestock medication delivery device in an upright orientation, as shown in Figure 15. ¶27, Fig. 15 col. 4:38-42

'786 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
An insulated container, comprising: a thermally insulated body... to define an interior cavity, and a top opening The Accused Products are an insulated container (A) with a thermally insulated body, sidewalls (B), bottom wall (C), interior cavity (D), and top opening (E). Figure 20 shows an interior view. ¶40, Figs. 19-23 col. 3:37-43
a lid movably attached to at least one of the plurality of upstanding sidewalls The Accused Products include a lid (F, G) movably attached to the body. ¶40, Figs. 25-27 col. 3:44-48
one or more sleeves extend from a bottom surface of the lid The sleeves (H1, H2, H3) are alleged to extend from a bottom surface of the lid (G). Figure 30 shows a side view of the lid with sleeves extending downward. ¶40, Figs. 29-31 col. 3:52-54
wherein the one or more sleeves surround an aperture extending from an interior face of the lid The sleeves (H1, H2, H3) allegedly surround an aperture extending from an interior face of the lid (G). ¶40, Fig. 29 col. 3:54-56
and are dimensioned to holster an end of a cylindrical device in an upright orientation The sleeves are allegedly dimensioned to holster a cylindrical device upright. The complaint identifies the sleeves as "holsters" used by Defendants (Compl. ¶27). ¶40, Fig. 30 col. 3:56-59

Identified Points of Contention

  • Scope Questions: A potential issue is whether the devices shown with the accused product (Compl. Fig. 15) meet the definition of a "livestock medication delivery device" as contemplated by the '866 Patent. Similarly, the '786 Patent claims a structure to holster a "cylindrical device" or "cylindrical shaft," raising the question of whether the accused device meets that structural definition.
  • Technical Questions: The infringement analysis may turn on the precise structural characteristics of the "sleeve." The '866 Patent requires the sleeve to extend from an "interior of the lid," while the '786 Patent requires it to extend from a "bottom surface of the lid" and surround an aperture on an "interior face." The court will have to determine if the accused structure, which appears to be a single molded piece, meets these distinct claim limitations.

V. Key Claim Terms for Construction

The Term: "sleeve"

  • Context and Importance: This term is the central structural element of the invention and appears in the independent claims of both utility patents. Its construction is critical because the infringement analysis for both patents depends on whether the accused "holsters" meet the claimed definition of a "sleeve". Practitioners may focus on the differences in how the term is described between the '866 Patent (extending from an "interior") and the '786 Patent (extending from a "bottom surface").
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The claims themselves provide a functional definition, such as "sleeves forming apertures" ('866 Patent, cl. 1) or "sleeves surround an aperture" ('786 Patent, cl. 1), which might support a construction not limited to a specific shape.
    • Evidence for a Narrower Interpretation: The '786 Patent specification suggests a more specific structure, stating in an embodiment that the sleeve is "formed as a frusto conical protrusion from the bottom surface of the lid segment" ('786 Patent, col. 2:39-41). A party could argue this language limits the term to that particular shape.

The Term: "holster" (used as a verb)

  • Context and Importance: This functional language appears in claims of both utility patents (e.g., "dimensioned to holster"). The dispute may center on whether the accused product's structure performs this specific function as claimed, or if it merely holds a device without meeting the full scope of "holstering" as understood in the patent.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The plain and ordinary meaning of "holster" implies securely holding an object for ready access, a function the accused product appears to perform (Compl. Fig. 15).
    • Evidence for a Narrower Interpretation: The specification links the holstering function to the goal of thermal control, stating the aperture is configured so that "medication within the delivery device 36 may be thermally controlled" ('866 Patent, col. 4:61-64). A defendant might argue that to "holster" in the context of the patent requires more than just holding, but also facilitating this specific thermal control function.

VI. Other Allegations

Indirect Infringement

The complaint makes conclusory allegations of indirect infringement for both utility patents (Compl. ¶¶26, 39). It does not, however, plead specific facts to support the knowledge and intent elements, such as pointing to user manuals or marketing materials that allegedly instruct customers to use the products in an infringing manner.

Willful Infringement

The complaint alleges willful infringement for all three patents-in-suit (Compl. ¶¶34, 46, 55). The primary basis for this allegation is the defendants' alleged continued infringing activity after having received a notice letter on or about August 11, 2021, which allegedly provided actual, pre-suit knowledge of the patents and the infringement (Compl. ¶21).

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

  • A core issue will be one of claim construction and differentiation: how will the court construe the term "sleeve" in the '866 Patent versus the '786 Patent? The subtle distinctions in the claim language—"extend from an interior" versus "extend from a bottom surface"—may be dispositive, raising the question of whether the single accused structure can infringe both patents or if one provides a stronger case than the other.
  • A second key question will be one of design patent scope: will an ordinary observer, giving the attention a purchaser usually gives, find the overall ornamental design of the accused coolers to be substantially the same as that claimed in the '859 Patent? The analysis will likely focus on whether the visual similarities in the container's form factor and lid configuration outweigh any minor differences in proportion or surface details.
  • Finally, a central question for damages will be one of willfulness: assuming infringement is found, did the Defendants' continued sales after receiving the August 2021 notice letter constitute objectively reckless conduct? The outcome will depend on what steps, if any, the Defendants took to assess the infringement allegations upon receipt of the letter, such as obtaining an opinion of counsel.