Litigation
Untitled case
Litigation2:24-cv-01302
Patents at issue (1)
Summary
A litigation case, docketed as 2:24-cv-01302, is active in the Eastern District of Wisconsin. Specific parties involved in this litigation are not detailed in the provided search results.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
Case Overview and Background: Champion Power Equipment Inc. v. Harbor Freight Tools USA Inc.
This patent infringement litigation, case number 2:24-cv-01302, was filed in the U.S. District Court for the Eastern District of Wisconsin. The plaintiff is Champion Power Equipment Inc., a prominent operating company based in Las Vegas, Nevada, known for designing and producing a wide range of power generation equipment, including portable and home standby generators, inverters, and engines. The defendant is Harbor Freight Tools USA Inc., a large privately held American retailer headquartered in Calabasas, California, specializing in discount tools and equipment, including generators. The dispute centered on Harbor Freight's multi-fuel generators, which Champion Power Equipment alleged infringed its patents related to generator technology, specifically concerning "fuel lockout apparatus" and "liquid cutoff solenoid" mechanisms.
A significant aspect of this case's procedural posture is its swift dismissal. Filed on October 14, 2024, the case was closed on April 28, 2025, by Chief Judge Pamela Pepper, who presides over the Eastern District of Wisconsin. The dismissal was based on the "first-to-file" rule, as Harbor Freight Tools had preemptively filed a declaratory judgment action against Champion Power Equipment in the Central District of California on October 9, 2024, five days prior to Champion's filing in Wisconsin. Consequently, the substantive patent dispute will proceed in the Central District of California (case 24-cv-08722), which is generally considered a more favorable venue for defendants due to its proximity to Harbor Freight's headquarters. The Eastern District of Wisconsin's local rules, while not explicitly detailing patent venue importance, operate under the federal system where patent claims are ultimately appealed to the Federal Circuit.
The patents asserted by Champion Power Equipment in the Wisconsin case include a substantial portfolio of thirteen patents, indicating a broad assertion strategy. Key patents involved are U.S. Patent No. 10,221,780 B2, titled "DUAL FUEL LOCKOUT SWITCH FOR GENERATOR ENGINE," which generally describes safety features for generators capable of running on multiple fuel types. Other asserted patents listed are U.S. Patent Nos. 11,530,654 B2, 11,761,390 B2, 11,840,970 B2 (describing a dual fuel generator with a remote regulator), 11,492,985 B2, 11,306,667 B2, 10,393,034 B2, 11,905,896 B2, 10,697,398 B2, and 11,143,145 B2. This case is notable due to the direct competition between two established operating companies in the power equipment market and the quick resolution in Wisconsin due to the application of the first-to-file rule, leading to a venue transfer to the defendant's preferred forum.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
Here are the key legal developments and outcome for the patent infringement litigation 2:24-cv-01302 in the Eastern District of Wisconsin:
Parties:
- Plaintiff: Champion Power Equipment Inc.
- Defendant: Harbor Freight Tools USA Inc.
Patents at Issue:
This case involved thirteen utility patents related to portable generator and engine technologies, including U.S. Patent No. 11,530,654. Other patents asserted were U.S. Patent Nos. 10,221,780; 11,143,120; 11,492,985; 11,840,970; 10,697,398; 11,905,895; 11,143,145; 10,598,101; 11,306,667; 11,761,390; 11,905,896; and 10,393,034.
Key Legal Developments and Outcome:
2024-10-09: Related Action Filed in California
Harbor Freight Tools USA Inc. filed a declaratory judgment action against Champion Power Equipment Inc. in the U.S. District Court for the Central District of California, five days prior to the Wisconsin filing. This earlier filing ultimately triggered the "first-to-file" rule in the Wisconsin case.2024-10-14: Complaint Filed
Champion Power Equipment Inc. filed a complaint with a jury demand against Harbor Freight Tools USA Inc. in the U.S. District Court for the Eastern District of Wisconsin, asserting infringement of thirteen patents, including U.S. Patent No. 11,530,654. A Disclosure Statement by Champion Power Equipment, Inc. was also filed on this date.2024-10-18: Service of Process
Harbor Freight Tools USA Inc. was served.2024-11-05: Defendant's Disclosure Statement and Motion to Dismiss/Transfer
Harbor Freight Tools USA Inc. filed a Disclosure Statement and a Motion to Dismiss or, in the Alternative, to Transfer the case.Pre-Trial Motion Briefing
Champion Power Equipment Inc. filed a Brief in Opposition to Harbor Freight's motion. Harbor Freight Tools USA Inc. then filed a Reply Brief in Support of its motion to dismiss or transfer. There was also a Motion to Stay filed, with briefs in opposition and reply by both parties.2025-04-28: Case Dismissed
The U.S. District Court for the Eastern District of Wisconsin dismissed Champion Power Equipment's thirteen-count infringement lawsuit in its entirety. The dismissal was based on the "first-to-file" rule, recognizing the prior declaratory judgment action filed by Harbor Freight in the Central District of California. This means the substantive patent dispute will proceed in the California court (Case No. 2:24-cv-08722).
Parallel PTAB IPR/PGR Proceedings:
A search for PTAB IPR/PGR proceedings specifically concerning U.S. Patent No. 11,530,654 did not yield any directly relevant results initiated by Harbor Freight Tools USA Inc. in connection with this specific litigation. While other Uniloc patents have been subject to IPRs, these are not related to the parties or patent in question in this case.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Husch Blackwell
- Thomas P. Heneghan · Counsel
- Jennifer Elizabeth Hoekel · Counsel
- Ziolkowski Patent Solutions Group
- Timothy J. Ziolkowski · Counsel
- Jacob M. Fritz · Counsel
Plaintiff's Counsel Identified in Champion Power Equipment Inc. v. Harbor Freight Tools USA Inc.
In the patent infringement case 2:24-cv-01302, filed by Champion Power Equipment Inc. against Harbor Freight Tools USA Inc. in the Eastern District of Wisconsin, the following attorneys represented the plaintiff:
Thomas P. Heneghan
- Role: Counsel
- Firm: Husch Blackwell LLP
- Office Location: Specific office location for Mr. Heneghan within Husch Blackwell is not immediately clear from the docket, but the firm has multiple offices.
- Experience Note: Mr. Heneghan filed several documents on behalf of Champion Power Equipment Inc., including a declaration and briefs in support of motions to stay and in opposition to dismissal.
Jennifer Elizabeth Hoekel
- Role: Counsel
- Firm: Husch Blackwell LLP
- Office Location: Specific office location for Ms. Hoekel within Husch Blackwell is not immediately clear from the docket, but the firm has multiple offices.
- Experience Note: Ms. Hoekel filed a Notice of Appearance on behalf of Champion Power Equipment Inc. on December 13, 2024.
Timothy J. Ziolkowski
- Role: Counsel
- Firm: Ziolkowski Patent Solutions Group Sc.
- Office Location: Not specified in the docket snippets, but the firm's name suggests a focus on patent matters.
- Experience Note: Mr. Ziolkowski's contact information is listed on the docket. An exhibit from November 25, 2024, refers to a letter dated March 27, 2024, from "Attorney Tim Ziolkowski on behalf of Champion".
Jacob M. Fritz
- Role: Counsel
- Firm: Ziolkowski Patent Solutions Group Sc.
- Office Location: Not specified in the docket snippets.
- Experience Note: Mr. Fritz's contact information is listed on the docket.
The case was dismissed on April 28, 2025, on first-to-file grounds by Chief Judge Pamela Pepper.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- In-house counsel
- Eric Hui-Chieh Huang · Counsel of record
Harbor Freight Tools USA Inc., the defendant in Champion Power Equipment Inc v. Harbor Freight Tools USA Inc, Case No. 2:24-cv-01302 in the Eastern District of Wisconsin, is represented by the following counsel:
- Eric Hui-Chieh Huang
- Role: Counsel of record
- Firm: (Firm information not explicitly available in provided snippets for this specific case, further search is needed)
- Office Location: (Office location not explicitly available in provided snippets for this specific case, further search is needed)
- Experience: Eric Huang has filed motions on behalf of Harbor Freight Tools USA Inc., including a motion to dismiss or transfer and a disclosure statement, indicating active involvement in the litigation.
To provide the complete requested information (firm, office location, and detailed experience), additional searches are required for Eric Hui-Chieh Huang.Based on the available information for Case No. 2:24-cv-01302 in the Eastern District of Wisconsin, the defendant, Harbor Freight Tools USA Inc., is represented by:
- Eric Hui-Chieh Huang
- Role: Counsel of record
- Firm: (Firm and office location information are not explicitly detailed in the provided search results for his representation of Harbor Freight Tools USA Inc. in this specific US federal court case. While various "Eric Huang" or similar names appear in other legal contexts, none definitively link to a US firm and office for this attorney in this litigation.)
- Experience: Eric Hui-Chieh Huang has actively filed motions on behalf of Harbor Freight Tools USA Inc. in this case, including a motion to dismiss or transfer and a disclosure statement, demonstrating his role in the litigation.
Further specific details regarding Eric Hui-Chieh Huang's firm, its office location for this representation, and a more extensive one-line note on relevant patent litigation experience are not readily available from the current search results for his role in this particular case. While Harbor Freight Tools USA Inc. has been represented by DTO Law in a separate patent litigation matter in the Western District of Texas, the identified counsel for the Wisconsin case is Eric Hui-Chieh Huang, and his firm affiliation for this case is not specified in the snippets.