Litigation

Untitled case

Active

3:25-cv-00239

Patents at issue (1)

Summary

This is an active and critical litigation case in the Nevada District Court involving US patent 11143145.

Case overview & background

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

This is an active patent infringement litigation case, 3:25-cv-00239, filed in the U.S. District Court for the District of Nevada. The plaintiff, Champion Power Equipment, Inc., an operating company known for manufacturing and selling power equipment, initiated the lawsuit against several defendants: Westinghouse Electric Corporation, WESTINGHOUSE ELECTRIC AND MANUFACTURING COMPANY, LLC, MIDWEST EQUIPMENT SALES, LLC, and MWE INVESTMENTS, LLC. These defendants also appear to be operating companies involved in the power equipment sector. The suit alleges infringement under 35 U.S.C. § 271.

The central patent at issue is US Patent 11143145, titled "Portable power generator with wireless remote control". This patent generally relates to portable power generators that can be controlled remotely using wireless technology. While specific accused products or services are not detailed in the readily available public docket information, given the nature of the parties involved, it is highly probable that the allegedly infringing products are portable power generators or related components offered by the defendants that incorporate wireless remote control capabilities.

Procedurally, the case was initially filed under case number 2:2025cv00844 on May 14, 2025, in the District of Nevada. It was subsequently transferred to the unofficial northern division of the court and reassigned the current case number, 3:25-cv-00239, on May 16, 2025, by Chief Judge Andrew P. Gordon. The current presiding judge for the case is Judge Traum. While the District of Nevada is not typically among the top venues for patent litigation in the U.S., it does have its own local patent rules designed to streamline discovery and clarify legal theories early in the litigation process. Older analyses suggest a relatively slow path to trial in Nevada for civil cases, though more recent data on patent litigation specifically is less clear. The case's notability stems from the involvement of established companies in the power equipment industry, rather than immediate indications of NPE assertion patterns or significant IPR linkages at this early stage.## Case Overview and Background

This is an active patent infringement litigation, case number 3:25-cv-00239, currently proceeding in the U.S. District Court for the District of Nevada. The plaintiff, Champion Power Equipment, Inc., is an operating company known for manufacturing and selling a range of power equipment. The defendants in this action are Westinghouse Electric Corporation, WESTINGHOUSE ELECTRIC AND MANUFACTURING COMPANY, LLC, MIDWEST EQUIPMENT SALES, LLC, and MWE INVESTMENTS, LLC. These entities also appear to be operating companies with business activities likely related to power equipment or associated sales and distribution. The plaintiff alleges patent infringement under 35 U.S.C. § 271.

The sole patent asserted in this litigation is U.S. Patent 11143145, titled "Portable power generator with wireless remote control." This patent broadly covers technology related to portable power generators that can be operated or controlled remotely through wireless means. While specific accused products or services have not been explicitly detailed in publicly available docket summaries, it can be inferred from the parties' business operations that the dispute likely involves portable power generators or related accessory devices offered by the defendants that allegedly incorporate the claimed wireless remote control features.

The case was initially filed on May 14, 2025, under a different case number (2:2025cv00844) in the District of Nevada. It was subsequently transferred to the unofficial northern division of the court and reassigned its current case number, 3:25-cv-00239, on May 16, 2025, by Chief Judge Andrew P. Gordon. The current presiding judge for the case is Judge Traum. While the District of Nevada has its own local patent rules designed to structure discovery and clarify legal theories, it does not typically rank among the most popular patent litigation venues in the United States. The case is notable primarily due to the direct competition between established operating companies in the power equipment sector. There are no immediate indications of non-practicing entity (NPE) assertion patterns, significant industry-wide impact, or parallel Patent Trial and Appeal Board (PTAB) inter partes review (IPR) proceedings that would confer broader notability at this early stage of litigation.

Key legal developments & outcome

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

Here's a summary of the key legal developments and current status of the patent infringement litigation involving US Patent 11143145 in the Nevada District Court, Case No. 3:25-cv-00239.

Key Legal Developments and Outcome

1. Filing & Initial Pleadings (Complaint, Answer, Counterclaims)

  • Complaint Filed (2025-05-14): Champion Power Equipment, Inc. initiated a patent infringement lawsuit against Westinghouse Electric Corporation, WESTINGHOUSE ELECTRIC AND MANUFACTURING COMPANY, LLC, MIDWEST EQUIPMENT SALES, LLC, and MWE INVESTMENTS, LLC. The case was initially filed in the U.S. District Court for the District of Nevada under case number 2:25-cv-00844. The complaint alleges infringement under 35 U.S.C. § 271, and the plaintiff demanded a jury trial.
  • Case Transferred and Reopened (2025-05-16): The action was subsequently transferred to the unofficial northern division of the U.S. District Court for the District of Nevada and reopened under the new case number 3:25-cv-00239.

As of the current date (2026-05-28), information regarding the filing of an answer, counterclaims, or any specific details of the complaint beyond the cause of action is not readily available in the provided search results.

2. Pre-trial Motions of Substance

No information on pre-trial motions such as motions to dismiss, transfer (other than the initial intradistrict transfer), stay pending IPR, or summary judgment is available from the provided search results.

3. Claim Construction (Markman) Outcomes

No information regarding claim construction (Markman) proceedings or outcomes is available from the provided search results. Given the recent filing date, it is likely that the case has not yet reached this stage.

4. Discovery Milestones with Strategic Significance

No information regarding discovery milestones is available from the provided search results.

5. Trial Events, Verdict, and Post-Trial Motions

No information regarding trial events, verdicts, or post-trial motions is available. The case is active, and it is unlikely to have reached trial within this timeframe.

6. Settlement, Dismissal, Judgment, or Appeal – Final Disposition/Present Posture

The case 3:25-cv-00239 is currently active in the U.S. District Court for the District of Nevada. There is no information indicating a settlement, dismissal, judgment, or appeal as of the current date.

7. Parallel PTAB IPR/PGR Proceedings on the Asserted Patents and their Effect on the Litigation

A search for PTAB proceedings related to patent 11143145 did not yield any specific IPR or PGR filings. The USPTO's Patent Trial and Appeal Case Tracking System (P-TACTS) can be used to search for such proceedings by patent number. However, the conducted searches did not directly access this system to confirm. Therefore, there is no available information on parallel PTAB IPR/PGR proceedings or their effect on this litigation.

Plaintiff representatives

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

In the patent infringement case 3:25-cv-00239 in the Nevada District Court, Champion Power Equipment, Inc. is represented by counsel from Snell & Wilmer L.L.P. and Ziolkowski Patent Solutions Group SC. The identified attorneys and their details are as follows:

  • David G. Barker

    • Role: Likely lead counsel or significant counsel. The docket noted that counsel, including Mr. Barker, were instructed to comply with local counsel designation, indicating a role beyond just local representation.
    • Firm: Snell & Wilmer L.L.P., Phoenix, Arizona.
    • Experience: Mr. Barker is an intellectual property litigation attorney with over a decade of experience in patent, trademark, copyright, and complex business disputes. He is a registered patent attorney and has experience with inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB). He has represented businesses as plaintiffs and defendants in various IP matters.
  • Zachary G. Schroeder

    • Role: Likely counsel. The docket noted that counsel, including Mr. Schroeder, were instructed to comply with local counsel designation, suggesting an active role in the case.
    • Firm: Snell & Wilmer L.L.P., Phoenix, Arizona.
    • Experience: Mr. Schroeder is a litigator focusing on intellectual property and employee benefits litigation matters. He is admitted to the Patent Bar and can practice patent matters before the U.S. Patent and Trademark Office. He has advised clients through pre-litigation, motion, and discovery stages of trial.
  • Timothy J. Ziolkowski

    • Role: Likely lead counsel or significant counsel. In a related case (Champion Power Equipment Inc. v. Generac Power Systems Inc.), Mr. Ziolkowski was identified as a competitive decision-maker for Champion Power Equipment Inc., suggesting a lead role in patent strategy and litigation. The Nevada docket also listed him for local counsel designation.
    • Firm: Ziolkowski Patent Solutions Group SC, Port Washington, Wisconsin.
    • Experience: Mr. Ziolkowski is a U.S. Patent Office Registered Patent Attorney with a technical background in mechanical, electrical, and software engineering. His practice includes counseling corporations on effective filing strategies, risk management, and patent and trademark preparation and prosecution. He focuses on medical, electronics, software, electro-mechanical, and mechanical arts.
  • Jacob M. Fritz

    • Role: Likely counsel. In a related case, Mr. Fritz was identified as a competitive decision-maker for Champion Power Equipment Inc., indicating an active role in patent matters. The Nevada docket also listed him for local counsel designation.
    • Firm: Ziolkowski Patent Solutions Group SC, Port Washington, Wisconsin. (Note: One search result listed a Jacob M. Fritz at Quarles & Brady LLP in Milwaukee, WI, and another listed Jack Fritz as founder of Fritz Law Group in Los Angeles, CA. However, the docket-related search results consistently associate Jacob M. Fritz with Ziolkowski Patent Solutions Group SC for Champion Power Equipment, Inc.)
    • Experience: Mr. Fritz is a Patent Attorney specializing in preparing and prosecuting patent applications, with a background in electrical engineering. He works on utility and design patent applications across various fields, including electrical, mechanical, electro-mechanical, and software arts. He also analyzes patent portfolios and evaluates patent scope.

The instruction for these attorneys to comply with the "Verified Petition and Designation of Local Counsel" suggests that some may serve as local counsel in Nevada, while others might be lead counsel from their respective primary firms overseeing the litigation. However, without further specific docket entries clarifying each attorney's precise role in 3:25-cv-00239, their roles are inferred from their firms' specializations and mentions in related dockets. No information on in-house counsel for Champion Power Equipment, Inc. specific to this litigation was found.

Defendant representatives

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

In the patent infringement case 3:25-cv-00239 in the Nevada District Court, the defendants are Westinghouse Electric and Manufacturing Company, LLC, Midwest Equipment Sales, LLC, and MWE Investments, LLC. While Westinghouse Electric Corporation was initially named, its current active status as a defendant is unclear based on available information, though Westinghouse Electric and Manufacturing Company, LLC remains active.

The counsel of record representing the defendants, based on available docket information and professional profiles, includes the following attorneys:

  • F. Christopher Austin

    • Role: Local Counsel for Westinghouse Electric and Manufacturing Company, LLC, Midwest Equipment Sales, LLC, and MWE Investments, LLC.
    • Firm: Lex Tecnica, Ltd., Las Vegas, Nevada.
    • Experience: Mr. Austin is a highly experienced commercial litigator and intellectual property lawyer with over 30 years of trial experience, specializing in defending and protecting patents, trademarks, copyrights, and trade secrets.
  • T. Earl LeVere

    • Role: Counsel (admitted pro hac vice) for Westinghouse Electric and Manufacturing Company, LLC, Midwest Equipment Sales, LLC, and MWE Investments, LLC.
    • Firm: Ice Miller LLP, Columbus, Ohio.
    • Experience: Mr. LeVere focuses his practice on intellectual property and information technology issues related to patents, copyrights, and trademarks, and has appeared in more than seventy-five intellectual property litigation matters in federal district and appellate courts.
  • Thomas A. Rammer II

    • Role: Counsel (admitted pro hac vice) for Westinghouse Electric and Manufacturing Company, LLC, Midwest Equipment Sales, LLC, and MWE Investments, LLC. He is also Of Counsel in Ice Miller's Intellectual Property Group.
    • Firm: Ice Miller LLP, Chicago, Illinois.
    • Experience: Mr. Rammer possesses broad federal trial experience in pharmaceutical, semiconductor, software, and pro bono matters, with familiarity across all aspects of patent litigation.
  • Thomas A. Walsh

    • Role: Lead Counsel for MWE Investments, LLC, in a related Inter Partes Review (IPR) concerning patent 11,143,145.
    • Firm: Ice Miller LLP, Indianapolis, Indiana.
    • Experience: Mr. Walsh's experience includes patent prosecution across various technology areas, licensing, intellectual property strategies, and technology transactions.
    • Note on Current Status: An IPR filing from January 2026 indicated that MWE Investments, LLC, requested the withdrawal of Mr. Walsh (and others) due to a settlement in related litigation, which resulted in the dismissal with prejudice of Champion's complaint against MWE on December 30, 2025. Without direct access to the latest district court docket, it cannot be definitively confirmed whether this dismissal and withdrawal of counsel apply to case 3:25-cv-00239.
  • Alexas D. Siliunas

    • Role: Backup Counsel for MWE Investments, LLC, in a related Inter Partes Review (IPR) concerning patent 11,143,145.
    • Firm: Ice Miller LLP, Chicago, Illinois.
    • Experience: Mr. Siliunas serves as external in-house counsel for early-stage technology and emerging growth companies, with legal experience encompassing patent prosecution, IP strategy, licensing, and technology transactions across various technical backgrounds.
    • Note on Current Status: Similar to Thomas A. Walsh, an IPR filing from January 2026 indicated that MWE Investments, LLC, requested the withdrawal of Mr. Siliunas (and others) due to a settlement in related litigation, which resulted in the dismissal with prejudice of Champion's complaint against MWE on December 30, 2025. Without direct access to the latest district court docket, it cannot be definitively confirmed whether this dismissal and withdrawal of counsel apply to case 3:25-cv-00239.

Important Note: The information regarding the current representation of MWE Investments, LLC, by Thomas A. Walsh, Thomas A. Rammer II, and Alexas D. Siliunas in case 3:25-cv-00239 is subject to confirmation via the most recent docket entries. An IPR filing suggests a settlement and dismissal of MWE in a related litigation in December 2025, which would likely lead to their withdrawal from this district court case. However, the last available public docket summary for 3:25-cv-00239 from Justia Dockets is from September 18, 2025, which predates this development. Direct access to a current PACER docket would be necessary to confirm the exact current status of MWE as a party and the active counsel for all defendants.