Litigation
Champion Power Equipment Inc. v. Westinghouse Electric Corp. et al.
ongoing2:25-cv-00844
- Filed
- 2025-05-14
Patents at issue (1)
Plaintiffs (1)
Defendants (2)
Summary
The complaint alleges that certain multi-fuel generators sold by Westinghouse infringe ten of Champion's patents, including U.S. Patent No. 10,598,101.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
Champion Power Equipment Inc. has initiated patent infringement litigation against Westinghouse Electric Corp. and several of its subsidiaries in the U.S. District Court for the District of Nevada (Case No. 2:25-cv-00844), filed on May 14, 2025. Plaintiff Champion Power Equipment is an American operating company, founded in 2003 and headquartered in Las Vegas, Nevada, that designs and manufactures a wide range of power equipment, including portable, home standby, and inverter generators. Champion is a prominent player and market leader in the power generation equipment industry, known for its innovation in technologies such as dual-fuel and tri-fuel generators. Defendant Westinghouse Electric Corp. has a complex corporate history but in the context of this suit, is involved in the consumer power equipment market, likely through brand licensing for generators.
The complaint alleges that certain multi-fuel generators sold by Westinghouse infringe ten of Champion's patents. These asserted patents include U.S. Patent Nos. 10,393,034, 11,143,120, 11,492,985, 10,221,780, 10,598,101, 10,697,398, 11,143,145, 11,306,667, 11,905,895, and 11,905,896. The accused products are electricity generators that allegedly utilize Champion's protected methods for assembling an engine operable on both liquid and gaseous fuels. U.S. Patent No. 10,598,101, specifically mentioned in the case prompt, generally relates to additional generator control and combustion systems.
The case is currently ongoing in the U.S. District Court for the District of Nevada, with Judge Andrew P. Gordon presiding. The choice of venue in Nevada is notable as it is Champion Power Equipment's corporate headquarters, suggesting a home-turf advantage for the plaintiff. This litigation is part of Champion's broader efforts to protect its intellectual property in the competitive power equipment market, as evidenced by its other ongoing patent infringement suits against competitors like Generac Power Systems Inc. The patents asserted in this case, including 10,393,034, have also been challenged in inter partes review (IPR) proceedings before the Patent Trial and Appeal Board, indicating a vigorous defense against Champion's patent portfolio. An IPR document associated with case number 2:25-cv-00844 indicates that a related "MWE Litigation" involving Midwest Equipment Sales, LLC (MWE) and Champion, asserting some of these patents, was dismissed with prejudice for MWE on December 30, 2025, suggesting that MWE was likely a co-defendant or party to a related action under the same case number that has since resolved for MWE.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
Patent Infringement Litigation: Champion Power Equipment Inc. v. Westinghouse Electric Corp. et al.
Case Number: 2:25-cv-00844
Court: U.S. District Court for the District of Nevada
Filed: 2025-05-14
Status: Ongoing
Champion Power Equipment Inc. initiated this patent infringement lawsuit against Westinghouse Electric Corp. and several of its subsidiaries on May 14, 2025, in the U.S. District Court for the District of Nevada. Champion alleges that Westinghouse's multi-fuel generators infringe ten of its patents, including U.S. Patent No. 10,598,101. The other patents asserted are U.S. Patent Nos. 10,393,034, 11,143,120, 11,492,985, 10,221,780, 10,697,398, 11,143,145, 11,306,667, 11,905,895, and 11,905,896. Champion claims to have inspected Westinghouse's generators, images, and owner's manuals to develop its allegations and sent notices to the defendants.
Key Legal Developments:
- Filing & Initial Pleadings (Complaint): The complaint was filed on May 14, 2025, demanding a jury trial and asserting patent infringement under 35 U.S.C. § 271.
- Pre-trial Motions of Substance:
- Early docket entries indicate motions for pro hac vice admission for various attorneys representing both Champion and the Westinghouse defendants.
- There have also been stipulations and orders extending deadlines, including for Champion to respond to a motion and for defendants Midwest Equipment Sales, LLC and MWE Investments, LLC to file a reply. One order, signed on September 10, 2025 (nunc pro tunc August 22, 2025), granted a petition for pro hac vice practice for an attorney for Champion Power Equipment, Inc. Another order extended Champion's deadline to respond to a motion until September 9, 2025, and the defendants' deadline to reply until September 18, 2025.
- A motion to transfer has also been filed, with Champion's deadline to respond extended to 14 days after the court's decision on another motion (presumably for leave to file). The details of these motions to transfer and for leave to file a motion to dismiss instanter are not fully detailed in the provided search snippets, nor are their outcomes.
- Parallel PTAB IPR Proceedings:
- An Inter Partes Review (IPR) petition, IPR2025-01457, was filed challenging U.S. Patent No. 10,598,101, one of the patents asserted in this litigation. This IPR proceeding was noted as active on October 7, 2025, in relation to the district court case. The petitioner and the status of this IPR (e.g., institution decision, final written decision) are not detailed in the provided information.
As of May 17, 2026, the case remains ongoing. Details regarding the defendants' answers, counterclaims, substantive outcomes of pre-trial motions, claim construction, discovery milestones, trial, or final disposition are not available in the provided search results.## Patent Infringement Litigation: Champion Power Equipment Inc. v. Westinghouse Electric Corp. et al.
Case Number: 2:25-cv-00844
Court: U.S. District Court for the District of Nevada
Filed: 2025-05-14
Status: Ongoing
This report details the key legal developments in the patent infringement lawsuit Champion Power Equipment Inc. v. Westinghouse Electric Corp. et al., which remains active in the U.S. District Court for the District of Nevada.
Legal Developments
1. Filing & Initial Pleadings:
- Complaint Filed (2025-05-14): Champion Power Equipment Inc. initiated the lawsuit by filing a complaint against Westinghouse Electric Corp. and several of its subsidiaries. Champion alleges that Westinghouse's multi-fuel generators infringe ten of its patents. The patents asserted include U.S. Patent Nos. 10,598,101, 10,393,034, 11,143,120, 11,492,985, 10,221,780, 10,697,398, 11,143,145, 11,306,667, 11,905,895, and 11,905,896. The complaint specifies that Champion inspected Westinghouse's generators, images, and owner's manuals before developing its allegations and had sent prior notices to the defendants. A jury trial was demanded by the plaintiff, with the nature of the suit being 35 U.S.C. § 271 Patent Infringement.
2. Pre-trial Motions of Substance:
- Pro Hac Vice Admissions (2025-09-10 and earlier): Early in the litigation, motions for pro hac vice admission were filed and granted for attorneys representing both Champion and the Westinghouse defendants. An order dated September 10, 2025 (nunc pro tunc August 22, 2025), specifically granted a verified petition for permission to practice pro hac vice for an attorney representing Champion Power Equipment, Inc.
- Extensions for Responses and Replies (2025-09-09 and 2025-09-18): The court issued orders extending deadlines for filings. For example, Champion's deadline to respond to a motion was extended to September 9, 2025, and defendants Midwest Equipment Sales, LLC and MWE Investments, LLC were granted an extension to file their reply by September 18, 2025.
- Motion to Transfer and Potential Motion to Dismiss: A motion to transfer has been filed. Champion's deadline to respond to this motion was extended to 14 days after the court's decision regarding another motion, which appears to be a motion for leave to file a motion to dismiss instanter. The specific grounds for the motion to transfer and the outcomes of these motions are not publicly detailed in the provided information.
3. Parallel PTAB IPR Proceedings:
- IPR2025-01457 (Filed by 2025-10-07): An Inter Partes Review (IPR) proceeding, IPR2025-01457, was initiated at the Patent Trial and Appeal Board (PTAB) challenging the validity of U.S. Patent No. 10,598,101. This patent is one of the ten patents asserted by Champion Power Equipment in the district court litigation. The IPR was noted as related to the district court case (2:25-cv-00844) as of October 7, 2025. The outcome or current status (e.g., institution decision, final written decision) of this IPR proceeding is not available in the provided search results.
4. Current Posture:
As of May 17, 2026, the litigation is ongoing in the District of Nevada. No information regarding claim construction (Markman) outcomes, significant discovery milestones, trial events, verdict, post-trial motions, settlement, or final judgment is publicly available in the provided sources. The case continues through its pre-trial phase, with the parallel IPR proceeding potentially impacting its trajectory.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Ziolkowski Patent Solutions Group
- Timothy J. Ziolkowski · Lead Counsel
- Jacob M. Fritz · Lead Counsel
- Snell & Wilmer
- David Barker · Counsel
- Zachary Schroeder · Counsel
Counsel of record representing Champion Power Equipment Inc. in Champion Power Equipment Inc. v. Westinghouse Electric Corp. et al. (2:25-cv-00844 D. Nev.) includes attorneys from Ziolkowski Patent Solutions Group SC and Snell & Wilmer LLP.
Here is a breakdown of the identified counsel:
From Ziolkowski Patent Solutions Group SC:
Timothy J. Ziolkowski
- Role: Lead Counsel (involved in both patent prosecution and litigation for Champion).
- Firm & Office Location: Ziolkowski Patent Solutions Group SC, Port Washington, WI.
- Experience Note: Mr. Ziolkowski frequently represents Champion Power Equipment in patent infringement actions and inter partes review (IPR) proceedings. He has been involved in several patent disputes for Champion and often handles patent prosecution for the company.
Jacob M. Fritz
- Role: Lead Counsel (involved in both patent prosecution and litigation for Champion).
- Firm & Office Location: Ziolkowski Patent Solutions Group SC, Port Washington, WI.
- Experience Note: Mr. Fritz regularly represents Champion Power Equipment in patent litigation and IPR challenges. He has been noted for his role as a competitive decision-maker for Champion in previous district court cases.
From Snell & Wilmer LLP:
David Barker
- Role: Counsel.
- Firm & Office Location: Snell & Wilmer LLP. Given the venue of the case (District of Nevada), it is highly probable he is associated with the firm's Las Vegas, NV, or Phoenix, AZ, office, though the specific office is not explicitly stated in the provided snippets for this case.
- Experience Note: Mr. Barker is listed as representing Champion Power Equipment in this patent infringement action.
Zachary Schroeder
- Role: Counsel.
- Firm & Office Location: Snell & Wilmer LLP. Similar to Mr. Barker, it is likely he is associated with the firm's Las Vegas, NV, or Phoenix, AZ, office.
- Experience Note: Mr. Schroeder is listed as representing Champion Power Equipment in this patent infringement action.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
Unfortunately, I cannot directly access PACER or proprietary legal databases like Bloomberg Law or Law360 to retrieve the live docket sheet for case 2:25-cv-00844 in the U.S. District Court for the District of Nevada. The public search results available do not explicitly name the counsel of record who have entered appearances for the defendant(s), Westinghouse Electric Corp. and its subsidiaries, in this specific patent infringement case.
Therefore, I cannot provide the names, roles, firms, office locations, or relevant patent litigation experience for counsel representing the defendant(s) at this time, as the filings appear not to be publicly indexed in the provided search results in a way that reveals this detail. While some historical counsel for Westinghouse were identified in older, unrelated cases, and the company's internal Chief Legal Officer was noted as Justin Johnson as of January 2026, this does not fulfill the request for counsel of record in the ongoing patent litigation.