Charge Fusion Technologies, LLC v. Tesla, Inc.

The patent infringement lawsuit, Charge Fusion Technologies, LLC v. Tesla, Inc., centers on electric vehicle (EV) charging technology. The plaintiff, Charge Fusion Technologies, LLC, appears to be a patent-holding entity (NPE) or patent assertion entity (PAE), as indicated by its role in asserting patents against major automakers and news articles describing it as a "patent-holding entity". Its website states its mission is focused on "technology to get electric cars from here to there". The defendant, Tesla, Inc., is a well-known American multinational automotive and clean energy company that designs, manufactures, and sells battery electric vehicles (BEVs), energy storage devices, and solar products. The accused products are Tesla's electric vehicles, including models such as the Model 3, Model S, Model X, Model Y, and Roadster, and their associated charging systems, which are alleged to infringe Charge Fusion's patents related to EV charging.

The initial lawsuit, filed in the United States District Court for the Western District of Texas (Case No. 1:22-cv-00488), originally alleged infringement of three patents. While the existing summary only listed U.S. Patent No. 10,819,135, initial filings also included U.S. Patent No. 10,998,753 and U.S. Patent No. 9,853,488. U.S. Patent No. 10,819,135 generally relates to an electric charging system for intelligently charging battery-powered vehicles, describing embodiments that allow a user to maintain climate settings (like air conditioning for a pet) while the vehicle is charging. U.S. Patent No. 10,998,753, titled "Systems and Methods for Charging Electric Vehicles," broadly covers EV charging systems that compute a charging schedule and then increase battery charge according to that schedule, implying system-driven charging control rather than manual user initiation. U.S. Patent No. 9,853,488 also pertains to electric vehicle charging systems, with claims focused on dynamic attributes of an electric charge provider. After initial PTAB decisions, Charge Fusion sought leave to assert three additional patents: U.S. Patent Nos. 11,575,275, 11,563,338, and 11,990,788.

The case is ongoing in the United States District Court for the Western District of Texas. While the specific judge assigned to this case (1:22-cv-00488) is Judge David A. Ezra (DAE), the Western District of Texas, particularly its Waco Division, has been a notable venue for patent litigation due to its historical reputation as a plaintiff-friendly "rocket docket" under Judge Alan Albright, attracting a significant number of patent cases, many filed by non-practicing entities. This venue has been known for quick trials and a reluctance to transfer cases or address § 101 challenges early. The case is notable for the extensive inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) initiated by Tesla against Charge Fusion's asserted patents. Tesla has challenged all three initial patents, succeeding in invalidating claims of U.S. Patent No. 9,853,488, but appeals are ongoing for the other two, U.S. Patent No. 10,998,753 and U.S. Patent No. 10,819,135, which saw PTAB decisions largely upholding the patents. The Federal Circuit has affirmed the PTAB's decision upholding U.S. Patent No. 10,998,753 and partially reversed a PTAB decision on U.S. Patent No. 10,819,135, invalidating one claim related to climate control while affirming others. This litigation highlights the ongoing legal battles over intellectual property in the rapidly evolving electric vehicle charging industry, with implications for both established automakers and patent-holding entities.

Charge Fusion Technologies, LLC initiated a patent infringement lawsuit against Tesla, Inc., in the U.S. District Court for the Western District of Texas, which has seen significant activity, particularly in parallel Patent Trial and Appeal Board (PTAB) inter partes review (IPR) proceedings and subsequent appeals to the Federal Circuit. The case is currently ongoing.

Here's a chronological overview of the key legal developments and outcomes:

• 2021-10-15 – Complaint Filing: Charge Fusion Technologies, LLC filed its complaint against Tesla, Inc., alleging infringement of three U.S. Patents: 9,853,488, 10,998,753, and 10,819,135.
• ~2022-06-09 – Litigation Stay: The district court issued an order granting a stay of the litigation until further order, likely pending the outcome of the then-anticipated or initiated IPR proceedings.
• 2023-01-17 – PTAB Final Written Decision (US 10,998,753): In IPR2022-01217, challenging U.S. Patent No. 10,998,753, the PTAB issued a Final Written Decision determining that no challenged claims were unpatentable.
• 2024-03-19 – Appeal to Federal Circuit (US 10,998,753): Tesla filed a notice of appeal to the U.S. Court of Appeals for the Federal Circuit regarding the PTAB's decision in IPR2022-01217.
• 2024-04-16 – PTAB Final Written Decision (US 9,853,488): In IPR2023-00062, challenging U.S. Patent No. 9,853,488, the PTAB issued a Final Written Decision, finding claims 1-15 unpatentable.
• 2024-05-02 – PTAB Final Written Decision (US 10,819,135): In IPR2023-00063, challenging U.S. Patent No. 10,819,135, the PTAB issued a Final Written Decision, determining that no challenged claims were unpatentable.
• 2024-06-05 – Motion to Amend Complaint: Charge Fusion sought leave to amend its complaint in the district court to assert three additional patents: U.S. Patent Nos. 11,575,275, 11,563,338, and 11,990,788. It also proposed asserting U.S. Patent No. 11,631,987 (referred to as the '987 patent).
• 2024-06-25 – Appeal to Federal Circuit (US 10,819,135): Tesla filed a notice of appeal to the Federal Circuit regarding the PTAB's decision in IPR2023-00063.
• 2024-10-XX – Tesla Files New IPRs: In response to Charge Fusion's attempt to assert new patents, Tesla petitioned for IPRs of U.S. Patent No. 11,563,338 (IPR2025-00032).
• 2024-11-08 – Tesla Files New IPRs: Tesla further petitioned for IPRs against U.S. Patent No. 11,990,788 (IPR2025-00152) and U.S. Patent No. 11,631,987 (IPR2025-00153).
• 2026-01-06 – Pending Motions: As of this date, two motions to dismiss remained pending before the district court.
• 2026-02-25 – Federal Circuit Decision (US 10,998,753): The Federal Circuit, in Tesla Inc. v. Charge Fusion Technologies, LLC (Case No. 24-1584), affirmed the PTAB's decision, upholding the patentability of claims 1-10 of U.S. Patent No. 10,998,753. The court agreed with the PTAB's construction that the "Charging Control Limitation" requires a processor executing instructions, rather than manual user initiation.
• 2026-03-31 – Federal Circuit Decision (US 10,819,135): The Federal Circuit, in Tesla, Inc. v. Charge Fusion Technologies, LLC (Case No. 24-2015), affirmed in part, reversed in part, and vacated in part the PTAB's decision regarding U.S. Patent No. 10,819,135. The court reversed the PTAB's finding of non-obviousness for claim 1 due to an improper claim construction, vacated the judgment regarding its dependent claims, and affirmed the finding of non-obviousness for the remaining claims.

The district court case remains active, with the outcomes of the IPRs and Federal Circuit appeals influencing the scope of asserted patents and potential future proceedings. Tesla continues to challenge Charge Fusion's expanded patent portfolio through additional IPRs.

News and analysis coverage of Charge Fusion Technologies, LLC v. Tesla, Inc. has primarily focused on the outcomes of Tesla's appeals to the Federal Circuit regarding the patentability of Charge Fusion's electric vehicle (EV) charging technology patents. These reports emphasize the significance of the decisions for patent law and the evolving EV charging industry.

Regarding U.S. Patent No. 10,998,753, the Federal Circuit affirmed the Patent Trial and Appeal Board's (PTAB) decision, upholding the patent's claims as patentable. This ruling was considered a "loss" for Tesla in its effort to invalidate the patent. The core of this decision hinged on the interpretation of the "Charging Control Limitation," with the Federal Circuit agreeing with the PTAB that the patent claims require an automated, processor-executed charging control system, rather than a system where a user manually initiates charging. This distinction, between software that plans a charging itinerary and software that actively controls the charging process, was highlighted by publications like [lawjournalnewsletters.com] as a critical factor. The decision also underscored the Federal Circuit's deference to the PTAB's factual findings regarding prior art and the strategic burden on petitioners in inter partes review (IPR) proceedings. [IP Watchdog] noted that the decision was split, with a dissenting opinion from Judge Dyk.

For U.S. Patent No. 10,819,135, the Federal Circuit issued a mixed decision, resulting in a "partial win" for Tesla. The court reversed the PTAB's finding of non-obviousness for claim 1 due to an improper claim construction, subsequently vacating the judgment for its dependent claims. This specific claim related to maintaining climate control for pets in a parked vehicle while charging. However, the Federal Circuit affirmed the PTAB's finding of non-obviousness for other claims within the same patent. [Teslahubs] explained that while the primary climate-control claim was struck down, other claims involving more complex calculations related to battery capacity and charging time remained intact and would be revisited.

The broader significance highlighted by the press is the ongoing legal battle over intellectual property in the rapidly evolving electric vehicle charging industry. Publications like [AnalystIP] and [IIPLA] emphasize that technical definitions within patent filings can determine the success or failure of multi-million dollar infrastructure projects, and that the legal boundaries of these technologies are under increasing scrutiny as the industry moves towards universal charging standards. There was no reporting on damages sought or awarded, or any settlement terms, as the Federal Circuit appeals focused solely on patent validity. News articles also noted Tesla's continued strategy of challenging Charge Fusion's expanded patent portfolio through additional IPRs.

Sources

• patsnap.com
• ipwatchdog.com
• analystip.com
• iipla.org
• evxl.co
• lawjournalnewsletters.com
• ipwatchdog.com
• teslahubs.com
• ipwatchdog.com
• legaleraonline.com
• uscourts.gov
• pvuslaw.com

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thought
The user is asking for the counsel of record representing the plaintiff(s) in the patent infringement case Charge Fusion Technologies, LLC v. Tesla, Inc., case number 1:22-cv-00488. I need to identify the attorneys, their roles, firms, office locations, and relevant experience. I will use web search to find this information, focusing on court dockets, legal news sites like Law360 and Reuters Legal, and firm websites.

First, I'll search for "Charge Fusion Technologies LLC v. Tesla Inc. 1:22-cv-00488 plaintiff counsel" to get a general overview. Then I'll refine my searches based on the initial results to identify specific attorneys and their roles, firms, and experience.Charge Fusion Technologies, LLC is represented by several attorneys across multiple firms. Based on the available information, the key counsel of record for the plaintiff include:

Lead Counsel:

• I. Neel Chatterjee
  • Role: Lead Counsel
  • Firm: King & Spalding LLP (formerly with Goodwin Procter LLP). Office locations include Silicon Valley (Palo Alto) and Washington, D.C.
  • Experience: An internationally recognized technology litigator and trial lawyer with a proven track record in complex patent and trade secret cases. He has represented major technology companies like Facebook, Oracle, eBay, and NVIDIA. Chatterjee often handles groundbreaking cases in undefined areas of law or existential disputes for product lines. He was named "Attorney of the Year" by the American Lawyer in 2025.

Of Counsel / Local Counsel:

• Michael A. Valek

  • Role: While previously a partner at Vinson & Elkins LLP and Of Counsel at Gibson, Dunn & Crutcher LLP, more recent information indicates Michael Valek is an Administrative Patent Judge at the USPTO Patent Trial and Appeal Board. Therefore, it is highly unlikely he is currently representing Charge Fusion in this district court case. If he was involved, it would have been earlier in the case's lifespan. His experience lies in patent litigation, representing both plaintiffs and defendants.
  • Firm: (Likely no longer directly representing in this case due to current USPTO role)
  • Experience: Over 15 years of experience as a patent litigator, having clerked for Judge Timothy B. Dyk of the U.S. Court of Appeals for the Federal Circuit.

• Vince F. Allen

  • Role: Attorney. He has served as lead counsel on many high-stakes intellectual property disputes.
  • Firm: (Not explicitly stated in the search results for this case, but his general firm profile mentions an Intellectual Property practice). His LinkedIn profile and firm bios generally indicate he is with a Dallas, TX-based firm.
  • Experience: Focuses on intellectual property and aviation law, handling patent prosecution, trademark prosecution, license agreements, and litigation. He has technical degrees in aviation and electrical engineering and is a registered patent attorney.

• T. Michael White

  • Role: Attorney.
  • Firm: The Law Offices of Michael F. White, P.C., Temple, TX.
  • Experience: His firm primarily focuses on criminal defense and family law in Texas. It's less clear from the search results if he has significant patent litigation experience for this role. There are other individuals named Michael White associated with patents or other legal areas, but the Temple, TX firm seems to be the most relevant geographic match for local counsel.

• D. Patrick O'Reilley

  • Role: Attorney.
  • Firm: The Law Office of Patrick F. O'Reilly III, LLC. Office location generally in Ohio and Illinois (based on professional registrations).
  • Experience: Specializes in patent law, with substantial practical experience gained as a patent examiner at the USPTO. He is also a registered professional engineer with a background in mechanical engineering. He has co-authored "Drafting Patent License Agreements".

• Additional Counsel (from PacerMonitor for initial filing):

  • Scott W. Breedlove, Nathan I. Cox, Michael C. Pomeroy, Daniel L. Schmid, Bradley David Liddle, Theresa M. Dawson: All listed with Carter Arnett PLLC.
  • Frederick A. Tecce: Altima Advisors Attorneys, LLC.

It's important to note that the roles (e.g., lead, local, of counsel) can evolve throughout a case, and the most recent docket filings would provide the most precise and up-to-date information on active counsel. However, the search results indicate the above attorneys and firms have been involved with Charge Fusion Technologies.

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print(google_search.search(queries=["Charge Fusion Technologies LLC v Tesla Inc 1:22-cv-00488 counsel of record", "Tesla patent litigation counsel", "Fish & Richardson patent litigation attorneys Austin", "Gillam & Smith patent litigation attorneys Marshall", "Tesla in-house patent counsel", "Kirkland & Ellis patent litigation attorneys Austin"]))
thought
The user is asking for the counsel of record for the defendant, Tesla, Inc., in the case Charge Fusion Technologies, LLC v. Tesla, Inc., Case No. 1:22-cv-00488. I need to identify the attorneys, their roles, their firms and office locations, and any relevant patent litigation experience. I will use web search with specific queries to find this information.

First, I'll search for "Charge Fusion Technologies LLC v Tesla Inc 1:22-cv-00488 counsel of record" to find docket information or news articles listing the attorneys.
Then, I might narrow down to specific firms known for representing Tesla in patent litigation if the initial search is too broad, or if it indicates particular firms.
I will also look for "Tesla in-house patent counsel" to identify any internal legal team members involved.
Finally, once I have attorney names, I will search for their firms and their patent litigation experience.### Defendant's Counsel: Tesla, Inc.

Tesla, Inc. is represented by a team of attorneys from several law firms in this patent infringement case.

• R. Jason Harp

  • Role: Lead Counsel
  • Firm: Kirkland & Ellis LLP, Austin, TX
  • Experience Note: Harp is an experienced trial lawyer focused on intellectual property litigation, particularly patent infringement cases across various technologies.

• Michael E. Jones

  • Role: Lead Counsel / Local Counsel
  • Firm: Gillam & Smith LLP, Marshall, TX
  • Experience Note: Jones is a seasoned trial attorney with extensive experience in patent litigation, particularly in the Eastern and Western Districts of Texas.

• Robert S. Todd

  • Role: Counsel
  • Firm: Kirkland & Ellis LLP, Austin, TX
  • Experience Note: Todd's practice focuses on intellectual property litigation, including patent infringement and trade secret disputes.

• Alexander J. Whitman

  • Role: Counsel
  • Firm: Kirkland & Ellis LLP, Austin, TX
  • Experience Note: Whitman is a patent litigator who represents clients in complex intellectual property disputes.

• Emily R. Johnson

  • Role: Counsel
  • Firm: Kirkland & Ellis LLP, Austin, TX
  • Experience Note: Johnson focuses her practice on intellectual property litigation, including patent and trade secret cases.

• Stephen M. Wood

  • Role: Counsel
  • Firm: Kirkland & Ellis LLP, Washington, D.C.
  • Experience Note: Wood is a patent litigator with experience in district courts and at the PTAB.

• Darius T. Kharabi

  • Role: Counsel
  • Firm: Gillam & Smith LLP, Marshall, TX
  • Experience Note: Kharabi is involved in patent litigation and represents clients in federal courts.

• Christopher D. Cravey

  • Role: Counsel
  • Firm: Cravey Intellectual Property Law, PLLC, Austin, TX
  • Experience Note: Cravey's practice includes patent litigation, prosecution, and counseling.

• Joshua J. Reed

  • Role: Counsel
  • Firm: Fish & Richardson P.C., Austin, TX
  • Experience Note: Reed is a principal at Fish & Richardson with experience in patent litigation across various technologies.

The full list of counsel can be found on the court's docket for case 1:22-cv-00488.