DCT

2:25-cv-00379

Anker Innovations Technology Co Ltd v. America Ugreen Ltd

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:25-cv-00379, W.D. Wash., 02/28/2025
  • Venue Allegations: Venue is alleged to be proper based on Defendant America Ugreen Limited maintaining a principal place of business in the district, while the foreign defendants are subject to suit in any judicial district. The complaint further alleges all defendants conduct business, advertise, and sell the accused products in the district through their own and third-party websites.
  • Core Dispute: Plaintiff alleges that Defendants’ Nexode line of mobile power banks infringes a design patent covering the ornamental appearance of a mobile power bank.
  • Technical Context: The lawsuit concerns the aesthetic design of portable power banks, a highly competitive category within the consumer electronics market.
  • Key Procedural History: The complaint alleges that Defendants were put on notice of their infringement through takedown complaints Plaintiff filed with Amazon in 2024, which may form the basis for the willfulness allegation.

Case Timeline

Date Event
2022-05-07 '854 Patent Priority Date (based on Chinese application filing)
2022 Anker 737 Power Bank (product embodying the design) introduced
2024 Alleged notice to Ugreen via Amazon takedown complaints
2024-03-12 Accused Ugreen Nexode Power Banks first became available on Amazon
2024-05-21 U.S. Design Patent D1,027,854 Issues
2025-02-28 Complaint Filed

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

U.S. Design Patent No. D1,027,854 - "Mobile Power Bank"

  • Patent Identification: U.S. Design Patent No. D1,027,854, titled "Mobile Power Bank", issued on May 21, 2024. (Compl. ¶12).

The Invention Explained

  • Problem Addressed: In the market for consumer electronics like mobile power banks, visual differentiation is a key competitive factor. The patent addresses the need for a new, original, and ornamental design for such a device to distinguish it from pre-existing products. (’854 Patent, Claim).
  • The Patented Solution: The patent protects the specific aesthetic and ornamental appearance of a mobile power bank as depicted in its eight figures. The design features a tall, rectangular prism-like body with broadly rounded vertical edges and flat top and bottom surfaces. The larger front and back faces feature recessed central portions, creating a distinct framed appearance. (’854 Patent, FIG. 1, 3, 5). The claim is for the visual design as a whole, not for any functional aspect of the power bank. (’854 Patent, Claim).
  • Technical Importance: The complaint asserts that the product embodying this design, the Anker 737 Power Bank, received "much attention and praise for its innovative design." (Compl. ¶13).

Key Claims at a Glance

  • The complaint asserts the sole claim of the patent, Claim 1. (Compl. ¶31).
  • The claim is for: "The ornamental design for a mobile power bank, as shown and described." (’854 Patent, Claim).
  • The key ornamental features that constitute the claimed design include:
    • The overall configuration of a vertically-oriented rectangular prism.
    • The combination of flat top and bottom surfaces with rounded vertical side edges.
    • The recessed paneling on the front and rear faces.
    • The specific proportions and curvatures of these elements as shown in the patent figures.
  • The patent notes that features shown in broken lines, such as the USB ports and side button, form no part of the claimed design. (’854 Patent, Description).

III. The Accused Instrumentality

Product Identification

The accused products are the "Ugreen Nexode Power Bank" line, including the Nexode Power Bank 12000mAh 100W, the Nexode Power Bank 20000mAh 130W, and the Nexode Power Bank 25000mAh 200W models (collectively, the "Nexode Power Banks"). (Compl. ¶15).

Functionality and Market Context

The Nexode Power Banks are portable chargers advertised as having a "Smart (Digital) Display." (Compl. ¶17). The complaint alleges these products are marketed and sold in the United States through Ugreen's own website and on Amazon.com. (Compl. ¶17). The complaint provides an image showing three models of the accused Nexode Power Banks. (Compl. p. 6). The complaint also includes an allegation that a third-party reviewer described one of the accused products as looking "like a knock off [of] the Anker one," suggesting market overlap and consumer perception of similarity. (Compl. ¶23).

IV. Analysis of Infringement Allegations

The complaint references claim chart exhibits (Exhibits 2, 3, and 4) that were not included with the filed document; therefore, the infringement theory is summarized below in prose.

The complaint’s theory of infringement is based on the "ordinary observer" test for design patents. It alleges that "in the eye of an ordinary observer, giving such attention that a consumer electronics purchaser in the relevant price range usually gives," the accused Nexode Power Banks and the patented design are "substantially the same." (Compl. ¶21). The complaint provides a side-by-side visual comparison of a figure from the ’854 Patent and three photographs of the accused Ugreen products to support its allegation of virtual identity. (Compl. p. 2). This image juxtaposes the patent's line drawing with the accused products, highlighting similarities in the overall rectangular shape, rounded vertical edges, and general proportions. (Compl. p. 2). The core of the infringement allegation is that the overall visual impression created by the accused products is substantially the same as that of the claimed design. (Compl. ¶22).

  • Identified Points of Contention:
    • Scope Questions: The primary legal question is whether the accused Ugreen products are "substantially the same" as the patented design under the ordinary observer test. The analysis will focus on the overall visual appearance, not on a direct comparison of discrete features.
    • Technical Questions: A key factual question for the court will be what visual impact, if any, the features present on the accused products but absent from the patented design have on the overall comparison. This includes the prominent "UGREEN" logo and the illuminated digital display on the front face of the Nexode Power Banks. The court will have to determine whether these elements are sufficient to create a distinct overall visual impression that would prevent an ordinary observer from being deceived into purchasing a Ugreen product believing it to be an Anker product.

V. Key Claim Terms for Construction

In a design patent case, claim construction focuses on the scope of the design as a whole as depicted in the patent's figures, rather than on interpreting specific textual terms. The analysis centers on what an ordinary observer would perceive as the patented design.

  • The "Term": The overall ornamental design for a "mobile power bank."
  • Context and Importance: The resolution of the case depends entirely on the visual scope of the design claimed in the ’854 Patent and whether the accused products fall within that scope.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: A party could argue that the design's scope is defined by the novel overall combination of its core elements—a tall rectangular body, broadly rounded vertical edges, and recessed front/rear faces—and is not limited to the precise dimensions and curvatures shown. This interpretation would focus on the general aesthetic impression created by this combination of features.
    • Evidence for a Narrower Interpretation: A party could argue the scope is strictly limited to the specific visual appearance shown in the patent figures, including the exact proportions and surface contours. The patent’s explicit disclaimer of all features shown in broken lines ("The broken lines depict portions of the mobile power bank that form no part of the claimed design") narrows the protected design to the ornamental features of the housing itself, excluding any specific arrangement of ports or buttons. (’854 Patent, Description).

VI. Other Allegations

  • Willful Infringement: The complaint alleges that Defendants' infringement is willful and deliberate. (Compl. ¶39). This allegation is based on the assertion that the accused products were "copied from Anker's product" and that Defendants were placed on notice of the infringement "in connection with takedown complaints filed with Amazon in 2024." (Compl. ¶39).

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

The resolution of this design patent dispute will likely depend on the court's findings on the following key questions:

  1. A central issue will be the application of the ordinary observer test: would a typical consumer of portable power banks, giving ordinary attention, find the overall visual appearance of the accused Ugreen Nexode products to be substantially the same as the design protected by the '854 Patent?
  2. A key factual question will be the visual impact of differences: does the presence of the prominent "UGREEN" branding and the active digital display on the accused products create a distinct overall appearance, or are these features insufficient to prevent an ordinary observer from perceiving the designs as substantially similar?
  3. A secondary question will relate to willfulness: does the evidence, particularly regarding the alleged 2024 Amazon takedown notices, establish that Defendants had pre-suit knowledge of the '854 Patent and engaged in deliberate copying, potentially justifying an award of enhanced damages?