DCT
2:22-cv-00839
Pioneer Pet Products LLC v. JVST Group
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Pioneer Pet Products, LLC (Wisconsin)
- Defendant: JVST Group d/b/a Wonder Creature (California)
- Plaintiff’s Counsel: BOYLE FREDRICKSON, S.C.
- Case Identification: 2:22-cv-00839, E.D. Wis., 07/22/2022
- Venue Allegations: Plaintiff alleges venue is proper because Defendant previously filed a related declaratory judgment action in the district, thereby submitting to jurisdiction and venue.
- Core Dispute: Plaintiff alleges that Defendant’s "Wonder Creature" brand pet fountains infringe three patents related to the structural assembly, water circulation, and acoustic dampening features of pet water fountains.
- Technical Context: The case concerns the market for automated, recirculating pet water fountains, which provide pets with a continuous source of fresh, flowing water.
- Key Procedural History: The complaint notes this action follows a "Rights Owner Complaint" Plaintiff filed against Defendant with Amazon.com, and a subsequent declaratory judgment action for non-infringement and invalidity of the ’683 patent filed by Defendant. Subsequent to the filing of this complaint, U.S. Patent No. 8,813,683 underwent an ex parte reexamination, which resulted in the cancellation of all asserted claims, including independent claim 28, as of March 8, 2024. U.S. Patent No. 9,730,427 also underwent a reexamination, with its asserted claim 20 being confirmed as patentable.
Case Timeline
| Date | Event |
|---|---|
| 2009-09-21 | U.S. Patent No. 9,730,427 Priority Date |
| 2010-06-21 | U.S. Patent No. 8,813,683 Priority Date |
| 2012-09-09 | U.S. Patent No. 9,572,323 Priority Date |
| 2014-08-26 | U.S. Patent No. 8,813,683 Issue Date |
| 2017-02-21 | U.S. Patent No. 9,572,323 Issue Date |
| 2017-08-15 | U.S. Patent No. 9,730,427 Issue Date |
| 2019-01-01 | Accused Product Sales Began (approx.) |
| 2022-04-20 | Plaintiff filed Rights Owner Complaint with Amazon.com |
| 2022-05-10 | Defendant filed Declaratory Judgment action |
| 2022-07-22 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 8,813,683 - Pet Fountain Assembly, issued August 26, 2014
The Invention Explained
- Problem Addressed: The patent identifies several issues with prior art pet fountains, including messy, free-falling water streams that can splash, designs that occupy excessive floor space, and pumps that are vulnerable to clogging from debris (’683 Patent, col. 1:24-67).
- The Patented Solution: The invention proposes a compact pet fountain comprising a basin and an overlying cover. Water is pumped to an upper drinking bowl on the cover and then flows down a spillway back into the basin, avoiding a "free-falling" stream. The components are designed with features like "V-shaped locators" to guide the cover into the correct position on the basin during assembly, simplifying the design and use (’683 Patent, Abstract; col. 2:16-33, 57-65).
- Technical Importance: The design aimed to create a more user-friendly and aesthetically pleasing pet fountain that was easier to assemble and clean and less messy in operation (’683 Patent, col. 2:1-12).
Key Claims at a Glance
- The complaint asserts independent claim 28 (Compl. ¶15).
- Claim 28 Essential Elements:
- A basin adapted to hold water.
- A pump assembly to pump water through the fountain.
- A cover that at least partially overlies the basin, which includes an upper drinking bowl that receives water from the pump and is configured for water to pool and then spill out toward the basin.
- At least a portion of the cover's outer perimeter is supported by the basin sidewall.
- The pump assembly extends between the basin and cover to "locate or support" the cover at a location spaced from its outer perimeter.
- The complaint also alleges infringement under the doctrine of equivalents (Compl. ¶15). As noted in Section I, claim 28 was subsequently cancelled in reexamination.
U.S. Patent No. 9,572,323 - Interchangeable Flow Directing Orifice Inserts and Recirculating Pet Fountain with Flow Directing Orifice Inserts, issued February 21, 2017
The Invention Explained
- Problem Addressed: The patent seeks to improve upon existing fountains by addressing the accumulation of debris that can clog filters and pumps, and by offering customizable water flow patterns to suit different pet preferences (’323 Patent, col. 1:26-36).
- The Patented Solution: The design features a cover with an inclined spillway whose intake is positioned below the water's surface, acting as a barrier to floating debris. The key innovation is the use of removable and interchangeable "orifice inserts" that can be placed in the cover to alter the water's flow, for example, creating a single stream or multiple smaller streams (’323 Patent, Abstract; col. 2:36-51).
- Technical Importance: This approach provided a modular system allowing users to customize the fountain's operation and provided a structural solution to the common problem of debris reaching the pump mechanism (’323 Patent, col. 2:20-34).
Key Claims at a Glance
- The complaint asserts independent claim 26 (Compl. ¶33).
- Claim 26 Essential Elements:
- A basin and a releasably mounted pump with a tubular discharge nipple.
- A removable cover carried by the basin.
- The cover has a downwardly extending "fluid-conveying tube" with a bore.
- The tube's free end comprises a "pump locator socket" with a "chamfered axial end edge."
- The chamfered edge is inclined toward the bore to "receive and guide" the pump's discharge nipple into "telescopic generally coaxial registry" with the tube.
- The complaint also alleges infringement under the doctrine of equivalents (Compl. ¶33).
U.S. Patent No. 9,730,427 - Pet Fountain Assembly with Lift Tube, issued August 15, 2017
The Invention Explained
- Technology Synopsis: This patent addresses the problem of pump noise and vibration transmitted through the fountain structure. The solution is to use a "lift tube" and pump mounts made from a resilient, vibration-dampening material (e.g., elastomeric) that isolates the pump from the basin and cover, thereby attenuating noise (’427 Patent, Abstract).
- Asserted Claims: The complaint asserts independent claim 20 (Compl. ¶49).
- Accused Features: The complaint alleges infringement by the accused product's lift tube, which is alleged to have an "integrally formed sealing grommet" that engages the fountain cover to provide a substantially water-tight seal, a key feature of the asserted claim (Compl. ¶¶55-60).
III. The Accused Instrumentality
Product Identification
- The complaint identifies JVST Group's "Wonder Creature" brand pet fountains, sold on Amazon.com and elsewhere. The primary exemplary product is identified by Amazon Standard Identification Number (ASIN) B08T68FVBD (Compl. ¶9).
Functionality and Market Context
- The accused products are recirculating pet water fountains. As depicted in the complaint's photographs, they consist of a water-holding basin, a submersible pump, and a cover. In operation, the pump moves water from the basin up through a tube to a dispenser on the cover, from which the water flows back into the basin for pets to drink (Compl. ¶¶18-22). The photograph on page 5 of the complaint shows the disassembled product, illustrating the basin, pump, and cover as separate components (Compl. ¶20). The complaint alleges these products have been sold since at least 2019 (Compl. ¶62).
IV. Analysis of Infringement Allegations
'683 Patent Infringement Allegations
| Claim Element (from Independent Claim 28) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a basin having a bottom wall and a basin sidewall extending therefrom, the basin being adapted to hold water therein; | The accused product includes a basin with a bottom wall and sidewall that holds water. | ¶18 | col. 5:36-41 |
| a pump assembly that pumps the water into the basin through a pet fountain defined at least partially by the basin for presenting drinking water to a pet; | The accused product includes a submersible pump assembly that circulates water. | ¶20 | col. 6:2-5 |
| a cover at least partially overlying the basin, the cover defining an outer perimeter thereof and including an upper drinking bowl defined by a bowl wall...and is configured such that water pools within the upper drinking bowl...and spills out...toward the basin; | The accused product's cover has an upper drinking bowl where water pools and then spills over into the basin. A photograph on page 6 of the complaint depicts the assembled fountain with labels pointing to the cover, drinking bowl, and bowl wall. | ¶22 | col. 5:56-6:10 |
| wherein at least a portion of the outer perimeter of the cover is supported by the basin sidewall | The accused product's cover is shown resting on and supported by the rim of the basin sidewall. | ¶24 | col. 17:64-67 |
| and wherein the pump assembly extends between the basin and the cover so as to locate or support the cover at a location that is spaced from the outer perimeter of the cover. | The accused product has an "uplift tube" that connects the pump discharge to the cover's center, which allegedly locates or supports the cover. A photograph on page 8 of the complaint shows the underside of the cover with the uplift tube. | ¶24 | col. 18:1-4 |
- Identified Points of Contention:
- Scope Questions: A central question would have been the meaning of "locate or support." Does the pump assembly's uplift tube, which connects to the center of the cover, "support" the cover in a weight-bearing sense, or does it merely "locate" it, with the primary support coming from the cover's perimeter resting on the basin sidewall? This point is now likely moot given the claim's cancellation.
'323 Patent Infringement Allegations
| Claim Element (from Independent Claim 26) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a pump that is releasably mounted to the basin... [and] has a tubular discharge nipple from which water is expelled... | The accused product has a pump with a tubular discharge nipple that is placed in the basin. | ¶38 | col. 3:45-50 |
| a cover that is removably carried by the basin, the cover has a fluid-conveying tube with a fluid-conducting bore formed therein extending downwardly therefrom | The accused product has a removable cover with a downwardly-extending tube. | ¶40 | col. 3:35-44 |
| The fluid conveying tube has a free end comprising a pump locator socket with a chamfered axial end edge...inclined toward a fluid-conducting bore...to receive and guide the tubular discharge nipple...into telescopic generally coaxial registry... | The complaint alleges the accused product's tube has a chamfered or angled end that guides the pump's nipple into place. A close-up photograph on page 12 of the complaint shows the end of the tube, labeled "Chamfered Axial End Edge of Tube." | ¶40 | col. 3:50-62 |
- Identified Points of Contention:
- Technical Questions: The infringement analysis will likely turn on a detailed factual comparison of the accused product's components to the claim language. Specifically, does the accused fluid-conveying tube have a "chamfered axial end edge" that performs the claimed function of guiding the pump nipple into coaxial registry? The evidence will need to show not just an angled edge, but one that functions in the specific guiding manner required by the claim.
V. Key Claim Terms for Construction
Term from '683 Patent: "locate or support"
- Context and Importance: This term is critical for the fifth limitation of claim 28. The infringement theory depends on the central uplift tube meeting this requirement. The defense could argue the tube only "locates" the cover, while its weight is "supported" entirely by the basin sidewall, potentially avoiding infringement. Practitioners may focus on this term because its disjunctive "or" phrasing creates ambiguity.
- Intrinsic Evidence for a Broader Interpretation: The patent repeatedly uses "locate and/or support," suggesting the terms can have independent meaning (e.g., ’683 Patent, col. 4:34-35). This could support a reading where merely positioning (locating) the cover satisfies the limitation, even without bearing its weight.
- Intrinsic Evidence for a Narrower Interpretation: The specification describes the cover resting on a ledge of the basin sidewall, which is a clear weight-bearing structure (’683 Patent, col. 6:19-24). A party could argue that this is the sole "support" and the pump assembly's role is limited to locating.
Term from '323 Patent: "chamfered axial end edge"
- Context and Importance: This is a highly specific structural limitation in claim 26. The infringement allegation hinges on the accused product’s fluid-conveying tube possessing this feature. A dispute is likely to arise over whether the accused product's structure is merely an angled cut or if it is specifically designed as a "chamfer" to "guide" the pump nipple as described.
- Intrinsic Evidence for a Broader Interpretation: The specification describes the purpose of the feature as permitting "some axial misalignment" during assembly (’323 Patent, col. 3:52-55). This functional language could support a broader interpretation that covers any structure on the tube's end that achieves this guiding function.
- Intrinsic Evidence for a Narrower Interpretation: The term "chamfered" has a specific meaning in mechanical arts (a symmetrical sloped edge). The patent figures may depict a specific geometry, which could be used to argue for a narrower definition that excludes other angled or rounded edges seen in the accused product (’323 Patent, col. 3:50-52).
VI. Other Allegations
- Willful Infringement: The complaint alleges willful infringement for all three patents. It bases this on Defendant having "actual and constructive notice" and continuing to infringe despite this knowledge (Compl. ¶¶10-11, 28-29, 44-45). The complaint specifically pleads pre-suit knowledge stemming from a "Rights Owner Complaint" Plaintiff filed with Amazon.com on April 20, 2022, and Defendant's subsequent filing of a declaratory judgment action on May 10, 2022 (Compl. ¶7).
VII. Analyst’s Conclusion: Key Questions for the Case
- Impact of Reexamination: A threshold issue for the '683 patent is the legal effect of the ex parte reexamination certificate that cancelled the only asserted claim. This event, occurring after the complaint was filed, likely terminates this portion of the lawsuit, barring a successful appeal of the PTO's decision.
- Structural Equivalence: For the '323 and '427 patents, the case will depend on close factual questions of structural infringement. A key evidentiary question will be whether the accused product's components—specifically the end of its fluid-conveying tube and its lift tube grommet—are structurally and functionally identical to the specific "chamfered axial end edge" and "integrally formed sealing grommet" required by the claims.
- Claim Scope and Function: A central legal question will be one of claim construction, particularly for the '323 patent. Can the term "chamfered axial end edge," taught as a feature to guide a misaligned pump nipple, be construed to read on the structure found in the accused device? The outcome will depend on whether the court adopts a broader, functional definition or a narrower, more literal structural one.