Litigation

Untitled case

filed

2:24-cv-01281

Patents at issue (1)

11143120PTAB institution denied

Summary

A litigation case filed in the Wisconsin Eastern District Court concerning US patent 11143120.

Case overview & background

Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.

Case Overview: Champion Power Equipment Inc. v. Generac Power Systems Inc.

This patent infringement litigation, filed as Case No. 2:24-cv-01281 in the U.S. District Court for the Eastern District of Wisconsin, involves two prominent manufacturers in the power equipment industry: Plaintiff Champion Power Equipment Inc. and Defendant Generac Power Systems Inc. Champion Power Equipment is an American company known for designing and manufacturing a wide range of power equipment, including portable generators, home standby generators, inverter generators, engines, winches, and log splitters, with significant research and development operations in Milwaukee, Wisconsin. Generac Power Systems, also an American manufacturer, specializes in backup power generation products for residential, light commercial, and industrial markets, and is headquartered in Waukesha, Wisconsin.

The core of the dispute centers on alleged infringement of U.S. Patent No. 11,143,120, owned by Champion Power Equipment. While the specific accused products are not explicitly detailed in publicly available summaries of the complaint without direct docket access, given the nature of both companies' businesses and the ongoing competition in the power generation market, it is highly probable that the asserted patent relates to features or technology found in Generac's multi-fuel or other generator products. U.S. Patent No. 11,143,120, titled "CONTROL SYSTEMS AND METHODS FOR MULTI-FUEL ENGINE STARTING," broadly describes control systems and methods designed to facilitate the starting of multi-fuel engines. This suggests the dispute likely involves technology enabling generators to operate efficiently with different fuel sources.

The case is currently in its early stages, having been filed on October 9, 2024, in the Eastern District of Wisconsin, with Judge Lynn Adelman presiding. This venue is particularly relevant as it is where Generac Power Systems maintains its global headquarters and significant manufacturing and research and development facilities, potentially providing a basis for personal jurisdiction and convenience for the defendant. The litigation is notable not only due to the involvement of two major players in the power equipment sector but also because of a related inter partes review (IPR) proceeding, IPR2025-00805. This IPR was filed against Champion Power Equipment by Harbor Freight Tools USA, Inc. and Generac Power Systems, Inc. concerning U.S. Patent No. 10,393,034, indicating an ongoing broader patent landscape battle between these competitors, where Generac has actively participated in challenging Champion's patents. This IPR linkage suggests a strategic use of both district court litigation and PTAB proceedings in their competitive landscape.

Key legal developments & outcome

Major rulings, motions, claim construction, settlements, and the present posture or final disposition.

Key Legal Developments and Outcome

This section details the key legal developments in the patent infringement litigation, Champion Power Equipment Inc. v. Generac Power Systems Inc., Case No. 2:24-cv-01281, in the U.S. District Court for the Eastern District of Wisconsin.

Filing & Initial Pleadings

  • Complaint Filed: Champion Power Equipment Inc. initiated the lawsuit on October 9, 2024, by filing a patent infringement complaint against Generac Power Systems Inc. in the U.S. District Court for the Eastern District of Wisconsin.
  • Protective Order: A stipulated protective order was filed by the parties on October 29, 2024, and subsequently issued by the Court on November 4, 2024.

Pre-trial Motions of Substance

  • Motion to Amend Invalidity Contentions: A related case, Champion Power Equipment Incorporated v. Firman Power Equipment Incorporated, Case No. CV-23-02371-PHX-DWL, in which Generac was a subpoena recipient, saw a motion to amend invalidity contentions filed by Firman on February 4, 2025. This motion was granted on February 28, 2025. This development is relevant as Generac's productions were cited as a basis for Firman's desire to amend its invalidity contentions, indicating potential overlap in prior art asserted against Champion's patents.
  • Scheduling Order Amendment: On September 17, 2025, an order was issued granting Generac Power Systems, Inc.'s expedited non-dispositive motion to amend the order following a scheduling conference. This amendment primarily concerned the deadline for Generac's Invalidity and Unenforceability Contentions, extending it from August 22, 2025, to September 26, 2025.

Parallel PTAB IPR Proceedings

The litigation is intertwined with at least one inter partes review (IPR) proceeding concerning Champion's patents.

  • IPR2025-00805: This IPR was filed by Harbor Freight Tools USA Inc., Generac Power Systems, Inc., and MWE Investments, LLC against Champion Power Equipment, Inc. concerning U.S. Patent No. 10,393,034.
    • On September 18, 2025, the Patent Trial and Appeal Board (PTAB) issued an order in IPR2025-00805 (and a similar motion in IPR2025-00951) conditionally granting Champion's request to substitute counsel, pending acceptance of powers of attorney and pro hac vice admission for one of the backup attorneys.
    • On February 3, 2026, in IPR2025-00805 and IPR2025-00951, the Director Review process resulted in a decision vacating the decision granting institution and denying institution. This indicates a significant victory for Champion Power Equipment in the PTAB proceedings regarding the '034 patent.
  • IPR2025-00951: This IPR, also involving Generac Power Systems, Inc. as a petitioner against Champion Power Equipment, Inc., saw the same Director Review outcome on February 3, 2026, as IPR2025-00805, vacating the institution decision and denying institution.
  • IPR2025-01384: This IPR was also noted in a court document from the district court case, further highlighting the ongoing PTAB challenges to Champion's patents.
  • IPR2025-01457: Another IPR, IPR2025-01457, also lists Generac Power Systems, Inc. as a petitioner.

Current Posture

As of May 19, 2026, the case remains active in the U.S. District Court for the Eastern District of Wisconsin. While a Markman hearing has not yet been explicitly scheduled or reported as concluded, the scheduling order anticipates motions for summary judgment or Daubert motions 240 days after a claim construction order is issued. The activity in related IPRs suggests that the parties are actively contesting the validity of Champion's patents both in district court and before the PTAB. The favorable Director Review outcome for Champion in IPR2025-00805 and IPR2025-00951 regarding the '034 patent could influence the district court litigation, potentially strengthening Champion's position regarding the validity of that patent, though the current case specifically concerns patent 11,143,120.

Plaintiff representatives

Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

Plaintiff Champion Power Equipment Inc. is represented by several attorneys from multiple firms in Champion Power Equipment Inc. v. Generac Power Systems Inc., Case No. 2:24-cv-01281.

Here is a breakdown of the counsel of record for Champion Power Equipment Inc.:

Perilla Knox & Hildebrandt LLP (PKH)

  • Joseph W. Staley - Lead Counsel.
    • Firm Location: Information not explicitly stated in provided search results, but PKH has been noted for its significant role in patent defense.
    • Experience: Represented Champion Power Equipment in multiple IPR proceedings, securing favorable outcomes, including the overturning of institution decisions by the USPTO Director.
  • Scott P. Amy - Lead Counsel.
    • Firm Location: Information not explicitly stated in provided search results.
    • Experience: Represented Champion Power Equipment in numerous IPR challenges, contributing to successful defense against patent challenges.
  • Thomas Finch - Lead Counsel.
    • Firm Location: Information not explicitly stated in provided search results.
    • Experience: Involved in the successful defense of Champion Power Equipment's patents in IPR proceedings.

Ziolkowski Patent Solutions Group SC

  • Timothy J. Ziolkowski - Co-counsel.
    • Firm Location: Appears to be based in Wisconsin, given his role as co-counsel alongside PKH.
    • Experience: Acted as co-counsel for Champion in IPR proceedings and is listed as counsel for Champion in the district court case.
  • Jacob M. Fritz - Co-counsel.
    • Firm Location: Appears to be based in Wisconsin.
    • Experience: Served as co-counsel for Champion in IPR challenges and is also listed as counsel in the district court action.

Husch Blackwell LLP

  • Thomas P. Heneghan - Counsel.
    • Firm Location: Not specified in the provided search results, but Husch Blackwell has multiple offices.
  • Jennifer Elizabeth Hoekel - Counsel.
    • Firm Location: Not specified in the provided search results.
  • Kimberly Gutierrez - Counsel.
    • Firm Location: Not specified in the provided search results.
  • Sharif Ahmed - Counsel.
    • Firm Location: Not specified in the provided search results.

Merchant & Gould

  • Michael A. Erbele - Counsel.
    • Firm Location: Not specified in the provided search results, but Merchant & Gould has several offices.
  • Joseph Dubis - Counsel.
    • Firm Location: Not specified in the provided search results.
  • Thomas J. Leach - Counsel.
    • Firm Location: Not specified in the provided search results.
  • Gabrielle Kiefer - Counsel.
    • Firm Location: Not specified in the provided search results.

Reinhart Boerner Van Deuren Sc.

  • Paul J. Stockhausen - Counsel.
    • Firm Location: Likely a Wisconsin-based firm, suggesting a local counsel role.
  • Monica A. Mark - Counsel.
    • Firm Location: Likely a Wisconsin-based firm.

It is common for patent infringement cases to involve a team of attorneys, including lead counsel specializing in patent litigation and local counsel to assist with venue-specific procedures. The multiple firms and attorneys indicate a comprehensive legal strategy for Champion Power Equipment Inc.

Defendant representatives

Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

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thought
The user is asking for the defense counsel in the case Champion Power Equipment Inc. v. Generac Power Systems Inc., Case No. 2:24-cv-01281. I need to identify the names, roles, firms, office locations, and relevant experience for each attorney representing Generac Power Systems Inc.

I will use web search with specific queries to find this information, prioritizing docket sheets, firm websites, and legal news outlets.### Defendant Representatives: Generac Power Systems Inc.

Generac Power Systems Inc., the defendant in Champion Power Equipment Inc. v. Generac Power Systems Inc., Case No. 2:24-cv-01281, is represented by a team of attorneys primarily from Foley & Lardner LLP and Quarles & Brady LLP.

Here is a breakdown of the counsel of record for Generac Power Systems Inc.:

Foley & Lardner LLP

  • Jeffrey S. Davidson - Lead Counsel.
    • Firm Location: Washington, D.C. office.
    • Experience: Co-Chair of Foley & Lardner's Patent Office Trials Practice and has significant experience in patent litigation, inter partes reviews (IPRs), and appeals to the Federal Circuit. He previously represented Generac in IPR2025-00805 and IPR2025-00951 against Champion Power Equipment.
  • Ryan J. Kees - Counsel.
    • Firm Location: Milwaukee, Wisconsin.
    • Experience: A partner in the firm's Intellectual Property Department, focusing on patent litigation and PTAB proceedings, particularly in the mechanical and electrical arts. He also appeared for Generac in related IPR proceedings.
  • Kevin P. Crooks - Counsel.
    • Firm Location: Chicago, Illinois.
    • Experience: A partner whose practice focuses on patent litigation, post-grant proceedings before the USPTO, and patent prosecution.
  • Scott W. Smid - Counsel.
    • Firm Location: Milwaukee, Wisconsin.
    • Experience: Specializes in patent litigation, IPRs, and other post-grant proceedings, often involving mechanical and electrical technologies.
  • Daniel J. Nevitt - Counsel.
    • Firm Location: Milwaukee, Wisconsin.
    • Experience: Focuses on patent litigation, inter partes reviews, and patent prosecution.

Quarles & Brady LLP

  • Anthony P. Barone - Local Counsel.
    • Firm Location: Milwaukee, Wisconsin.
    • Experience: A partner specializing in intellectual property litigation and general commercial litigation, often serving as local counsel in federal court in Wisconsin.
  • Adam J. Witkov - Local Counsel.
    • Firm Location: Milwaukee, Wisconsin.
    • Experience: Focuses on intellectual property and commercial litigation, including patent, trademark, and copyright disputes.