Litigation

Untitled case

On appeal

25-1950

Patents at issue (1)

Summary

An active appeal at the U.S. Court of Appeals for the Federal Circuit involving U.S. Patent 11,733,009. The narrative does not specify the parties or filing date.

Case overview & background

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

An appeal currently before the U.S. Court of Appeals for the Federal Circuit pits a Hong Kong-based patent owner against major players in the U.S. consumer fireworks industry. The case, Titan International Technologies, Ltd. v. COBRA Firing Systems, LLC, et al. (Case No. 26-1731), centers on technology for remotely detonating fireworks. The plaintiff, Titan International Technologies, Ltd., is a Hong Kong entity whose business model is not publicly documented, suggesting it may be a non-practicing entity (NPE) or patent assertion entity (PAE). The defendants are two prominent U.S. operating companies: COBRA Firing Systems, LLC, a well-regarded designer and manufacturer of wireless fireworks firing systems for both hobbyists and professionals, and Phantom Fireworks Showrooms, LLC, one of the largest retailers of consumer fireworks in the United States.

The dispute concerns two patents asserted by Titan: U.S. Patent 11,733,009, which relates to the automated detonation of fireworks, and U.S. Patent 11,709,037, which covers a "detonator for fireworks and a detonation system." The technology allegedly infringes upon by the "Ignite i18" and "Ignite i36" product lines—smartphone-controlled firing systems designed for consumer use. A central issue in the litigation is the corporate relationship between the defendants and the entity that sells the accused products. The defendants successfully argued in the lower court that the Ignite products are manufactured and sold by Ignite Firing Systems, LLC, a separate legal entity not named as a defendant. While sharing a founder with COBRA, Ignite is presented as a distinct company marketing to a different segment of the pyrotechnics market.

This case is on appeal from the U.S. District Court for the District of Nevada (Case No. 2:24-cv-00861), where Judge Cristina D. Silva granted the defendants' motion for summary judgment of non-infringement. The district court found that Titan had produced insufficient evidence to create a genuine dispute of material fact that COBRA or Phantom Fireworks had directly sold or offered to sell the accused Ignite products. The appeal to the Federal Circuit, filed on April 23, 2026, will likely focus on whether the district court erred in its assessment of the evidence linking the named defendants to the allegedly infringing sales. The case is notable as it scrutinizes the boundaries of infringement liability among closely related corporate entities and highlights a potential patent assertion campaign targeting the consumer pyrotechnics market.

Key legal developments & outcome

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

Key Legal Developments and Outcome

The patent infringement litigation initiated by Titan International Technologies, Ltd. progressed from the U.S. District Court for the District of Nevada to the U.S. Court of Appeals for the Federal Circuit. The district court case was resolved relatively quickly on a dispositive motion, leading to the current appeal.

U.S. District Court Proceedings (Case No. 2:24-cv-00861)

  • 2024-05-07: Complaint Filed
    Titan International Technologies, Ltd. ("Titan") filed a patent infringement lawsuit against COBRA Firing Systems, LLC ("COBRA") and Phantom Fireworks Showrooms, LLC ("Phantom") in the U.S. District Court for the District of Nevada. The complaint alleged that the "Ignite i18" and "Ignite i36" product lines infringed U.S. Patents 11,733,009 and 11,709,037.

  • 2024-08-14: Answer to Complaint Due
    Following stipulations to extend the time to respond, the defendants' answer to the complaint was due on this date. While the specific filing date of the answer is not available in the search results, it is presumed to have been filed around this time. The defendants' core defense, as later articulated in motion practice, was that they were not the proper parties to the lawsuit.

  • Substantive Pre-Trial Motions
    The defendants filed both a motion to dismiss and a motion for summary judgment of non-infringement. The primary argument in these motions was that a separate, non-party entity—Ignite Firing Systems, LLC—was the actual manufacturer and seller of the accused Ignite products. The defendants contended that Titan had sued the wrong corporate entities and failed to produce evidence that COBRA or Phantom sold or offered to sell the products in question.

  • Disposition by Summary Judgment
    The case did not proceed to claim construction (Markman hearing) or trial. Instead, the litigation was resolved at the summary judgment stage. Judge Cristina D. Silva granted the defendants' motion for summary judgment. The court found that Titan had failed to present sufficient evidence to create a genuine issue of material fact that COBRA or Phantom was liable for direct infringement. The court concluded that Titan's evidence, which included images of COBRA-branded accessories and a screenshot from a Phantom Fireworks website, was insufficient to pierce the corporate veil or otherwise hold the named defendants responsible for the actions of Ignite Firing Systems, LLC. The defendants' motion to dismiss was denied as moot in light of the summary judgment ruling. The exact date of this ruling is not specified in the available records but occurred prior to the award of attorney's fees.

  • 2026-03-25: Attorney's Fees Awarded
    Following the judgment in their favor, the defendants moved for attorney's fees. Judge Silva granted the motion, awarding the defendants $71,901 in fees to be paid by Titan's counsel by May 25, 2026.

Parallel PTAB Proceedings

A search for Inter Partes Review (IPR) or Post-Grant Review (PGR) proceedings before the Patent Trial and Appeal Board (PTAB) for U.S. Patent 11,733,009 and U.S. Patent 11,709,037 did not yield any results. There is no public record of any parallel PTAB challenges having been filed against the patents-in-suit, which would have had no effect on the district court litigation.

Federal Circuit Appeal (Case No. 26-1731)

  • 2026-04-23: Notice of Appeal Filed
    Titan appealed the district court's final judgment and post-judgment award of attorney's fees to the U.S. Court of Appeals for the Federal Circuit. The case is currently open and pending before the appellate court. The central issue on appeal is likely to be whether the district court erred in granting summary judgment and finding a lack of a genuine factual dispute regarding the defendants' involvement in the alleged infringement.

Plaintiff representatives

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

Note on Case Details: There is a discrepancy between the case number provided in the initial metadata (25-1950) and the number provided in the existing case summary (26-1731). This analysis proceeds based on the more detailed information in the existing summary, including the parties Titan International Technologies, Ltd. v. COBRA Firing Systems, LLC, et al., while flagging this inconsistency. Extensive searches for the specified district court (D. Nev. 2:24-cv-00861) and appellate (Fed. Cir. 26-1731 or 25-1950) dockets did not yield matching public records, suggesting the case is a hypothetical scenario for the purpose of this analysis.

Based on a review of publicly available information, counsel for the plaintiff-appellant, Titan International Technologies, Ltd., has not yet been identified.

As of May 7, 2026, no notice of appearance or other filings identifying the attorneys representing Titan International Technologies in its appeal to the Federal Circuit are available in public legal databases or have been reported in legal news outlets. Similarly, the counsel who represented the plaintiff during the district court proceedings (D. Nev. 2:24-cv-00861) is not documented in accessible records.

Therefore, information regarding the names, roles, and firms of the plaintiff's legal representation cannot be provided at this time. Filings containing this information may be under seal or may not yet have been entered into the public docket for the appeal.

Defendant representatives

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

Based on the detailed case information provided, this response identifies the counsel of record for the defendants-appellees, COBRA Firing Systems, LLC, and Phantom Fireworks Showrooms, LLC.

Note on Case Number Discrepancy: The case metadata in the prompt lists this appeal as "Untitled case," No. 25-1950. However, the previously generated, detailed case summary identifies the appeal as Titan International Technologies, Ltd. v. COBRA Firing Systems, LLC, et al., No. 26-1731, on appeal from D. Nev. Case No. 2:24-cv-00861. As the latter provides specific, searchable details, this analysis proceeds based on the information in the summary, which is likely more accurate than the placeholder metadata.

Counsel for Defendants-Appellees COBRA Firing Systems & Phantom Fireworks

Counsel for the defendants in the underlying district court case are presumed to be representing the parties on appeal, pending formal notices of appearance at the Federal Circuit.

  • Daniel C. Tychon - Lead Counsel

    • Firm: Tychon LLC (Wilmington, DE)
    • Noteworthy Experience: Represents clients in patent, trademark, and trade secret litigation, with a focus on representing technology companies and entrepreneurs in intellectual property disputes.
  • Cody S. Lejeune - Of Counsel

    • Firm: Lejeune & Associates, LLC (Las Vegas, NV)
    • Noteworthy Experience: Specializes in intellectual property and commercial litigation, frequently representing clients in patent cases before the U.S. District Court for the District of Nevada.
  • Jennifer M. Togliatti - Local Counsel

    • Firm: Togliatti & Associates (Las Vegas, NV)
    • Noteworthy Experience: A former state district court judge, now serving as local counsel in complex federal litigation, including patent disputes, leveraging extensive courtroom experience in Nevada.