Untitled case

This case, IPR2025-01272, involves an Inter Partes Review (IPR) proceeding at the Patent Trial and Appeal Board (PTAB) concerning U.S. Patent No. 11,492,985. The Patent Owner in this IPR is Champion Power Equipment Inc., an operating company headquartered in Las Vegas, Nevada, that designs, manufactures, and sells a wide range of outdoor power equipment, including portable generators, home standby generators, inverters, engines, winches, and log splitters. Champion Power Equipment is recognized as a market leader in power generation equipment, emphasizing innovation, quality, and customer support. The identity of the Petitioner, the party challenging the patent, is not publicly available in the routine summary notices issued by the PTAB for this specific IPR. However, it is likely an entity accused of infringing the patent in related district court litigation.

The patent at issue, U.S. Patent No. 11,492,985, broadly relates to engine fuel and emissions systems, specifically within multi-fuel generator technology [cite: 5 from previous search]. This patent, along with others, has been asserted by Champion Power Equipment in various patent infringement lawsuits, notably against competitors such as Generac Power Systems Inc. and Harbor Freight Tools USA, Inc., concerning multi-fuel generators [cite: 4, 5, 6 from previous search]. These lawsuits indicate that the accused products or technologies typically involve features of dual-fuel or multi-fuel generators.

The procedural posture of IPR2025-01272 is at the PTAB, where the petition for review was "Not Instituted - Procedural." This status is particularly notable given the significant shifts in PTAB discretionary denial policies that occurred throughout 2025. During this period, the USPTO Director assumed personal control over all institution decisions, frequently issuing summary notices without detailed explanations for denials. These discretionary denials often relied on factors such as parallel district court litigation ("Fintiv" factors), the concept of "settled expectations" (patent age and petitioner delay), and the overall public interest in the PTAB serving as an alternative to, rather than an expansion of, district court litigation. While the specific procedural ground for the non-institution of IPR2025-01272 is not detailed in publicly available summaries, it falls within this context of heightened discretionary review, which made it increasingly challenging for petitioners to secure IPR institution in 2025.

This case involves an Inter Partes Review (IPR) proceeding, IPR2025-01272, filed by Generac Power Systems Incorporated against Champion Power Equipment Inc. concerning U.S. Patent No. 11,492,985. This IPR is related to an underlying patent infringement litigation where Champion Power Equipment Inc. is asserting its patents, including the '985 patent, against Generac Power Systems Inc. in district court. Champion has also been involved in other patent litigation concerning similar patents.

Here are the key legal developments and outcomes:

Patent Infringement Litigation: Champion Power Equipment Inc. v. Generac Power Systems Inc.

• Filing & Initial Pleadings (2024-10-09): Champion Power Equipment Inc. filed a patent infringement lawsuit against Generac Power Systems Inc. in the United States District Court for the Eastern District of Wisconsin, Case No. 24-C-1281. Champion alleged infringement on eleven patents related to multi-fuel generators.
• Pre-Trial Motion (2025-01-22): Generac filed a motion to dismiss the complaint for failure to state a claim or, alternatively, for a more definite statement. The court denied Generac's motion to dismiss, finding that Champion had plausibly alleged infringement.
• Answer and Counterclaims (2025-02-02): Generac filed its initial answer, asserting counterclaims of non-infringement and invalidity for Champion's eleven multi-fuel patents.
• Amended Answer and Additional Counterclaims (2025-05-15): Generac filed an amended answer, adding two counterclaims alleging infringement by Champion of Generac's own patents related to carbon monoxide detection.
• Pre-Trial Motions of Substance (2025-09-17): In an Omnibus Decision and Order, the court addressed several motions:
  • The court granted Generac's motion for a protective order, which included a patent prosecution bar. The court denied Champion's request for exemptions from this bar for its attorneys Jacob Fritz and Timothy Ziolkowski.
  • Champion's motion to sever Generac's counterclaims was denied.

Parallel PTAB IPR Proceedings:

• IPR Filing (2025-07-30): Generac Power Systems Incorporated filed IPR2025-01272 against U.S. Patent No. 11,492,985 B2, owned by Champion Power Equipment Inc., at the Patent Trial and Appeal Board (PTAB).
• IPR Outcome (2026-01-27): IPR2025-01272 was terminated on January 27, 2026. The proceeding was not instituted on procedural grounds. This aligns with a broader trend of Champion's success in defending its patents at the PTAB.
• Overall IPR Success for Champion (as of 2026-02-16): Champion Power Equipment Inc. achieved significant success in defending its patents against IPR challenges by Generac. Out of 11 institution decisions, 9 petitions were denied institution outright, and the remaining 2, initially instituted by the PTAB, were subsequently overturned by USPTO Director John Squires. These overturns were based on inconsistencies in the petitioner's (Generac's) claim construction arguments between the IPR petitions and parallel district court litigation, which Director Squires stated must be clearly explained to maintain predictability in the patent system. As a result, Champion secured victories in all 11 decisions.

Related Patent Infringement Litigation: Champion Power Equipment Inc. v. Harbor Freight Tools USA, Inc.

• Filing & Dismissal (2024-10-14 - 2025-04-28): Champion Power Equipment Inc. filed a patent infringement lawsuit against Harbor Freight Tools USA, Inc. in the Eastern District of Wisconsin on October 14, 2024. This case, which asserted thirteen utility patents including US Patent 11,492,985 B2, was dismissed on April 28, 2025, due to the "first-to-file" rule. Harbor Freight had preemptively filed a declaratory judgment action in the Central District of California on October 9, 2024, five days prior to Champion's filing in Wisconsin. The substantive patent dispute is proceeding in the Central District of California.

The Inter Partes Review (IPR) case IPR2025-01272, filed against US patent 11492985, was not instituted on procedural grounds. In an IPR proceeding, the party that files the petition is known as the Petitioner, not the plaintiff.

As of the current date (2026-05-23), publicly available information for IPR2025-01272 does not explicitly name the Petitioner or their counsel of record. The Patent Trial and Appeal Board (PTAB) filings and decisions often list the counsel involved. However, the provided search results, while confirming the IPR's non-institution on procedural grounds, do not identify the specific attorneys who represented the Petitioner in this particular case. The general PTAB databases allow for searching documents, but a direct link to the Petitioner's counsel for IPR2025-01272 was not found in the initial search.

Therefore, the counsel of record representing the Petitioner in IPR2025-01272 cannot be identified from the current search results. More detailed docket information would be required to determine the attorneys and their affiliations.

Champion Power Equipment Inc., as the Patent Owner in IPR2025-01272, was represented by counsel from Perilla Knox & Hildebrandt LLP (PKH) and Ziolkowski Patent Solutions Group SC.

The counsel of record includes:

• Joseph W. Staley (Lead Counsel)

  • Firm: Perilla Knox & Hildebrandt LLP (PKH)
  • Office Location: Atlanta, Georgia
  • Relevant Experience: Staley is an intellectual property litigator focused on defending against patent challenges, including IPRs, district court actions, and USPTO proceedings.

• Scott P. Amy (Lead Counsel)

  • Firm: Perilla Knox & Hildebrandt LLP (PKH)
  • Office Location: Atlanta, Georgia
  • Relevant Experience: Amy is an intellectual property litigator who represents clients in patent, trademark, copyright, and trade secret matters, including IPRs and district court actions.

• Thomas Finch (Lead Counsel)

  • Firm: Perilla Knox & Hildebrandt LLP (PKH)
  • Office Location: Atlanta, Georgia
  • Relevant Experience: Finch is an intellectual property litigator who delivers results in various intellectual property litigation contexts, including IPRs.

• Timothy J. Ziolkowski (Of Counsel / Co-Counsel)

  • Firm: Ziolkowski Patent Solutions Group SC
  • Office Location: Port Washington, Wisconsin
  • Relevant Experience: Ziolkowski is involved in intellectual property protection and enforcement for Champion, including litigation matters. He has also represented Champion in district court patent infringement cases.

• Jacob M. Fritz (Of Counsel / Co-Counsel)

  • Firm: Ziolkowski Patent Solutions Group SC
  • Office Location: Port Washington, Wisconsin
  • Relevant Experience: Fritz is involved in intellectual property protection and enforcement for Champion, including litigation matters, and drafts patent applications. He has also represented Champion in district court patent infringement cases.