Litigation

ETN Capital LLC v. MOR/ryde International, Inc.

Ongoing

3:23-cv-00488

Filed
2023-08-24

Patents at issue (1)

Plaintiffs (1)

Case overview & background

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

ETN Capital LLC, focusing on various e-commerce brands, has initiated a patent infringement lawsuit against MOR/ryde International, Inc., an established operating company known for manufacturing suspension systems for recreational vehicles (RVs) and trailers, as well as providing metal fabrication and chassis modification services across multiple industries. While the specific accused products from MOR/ryde are not detailed in publicly available search results for this case, the asserted patent, U.S. Patent No. 10,890,925, pertains to a "Vehicle Leveling System" for RVs. This system utilizes a sensor device to detect a vehicle's inclination and wirelessly connects to a smart device that calculates and displays necessary height adjustments on a graphical interface, showing an image of the vehicle. Given MOR/ryde's core business in RV components, the infringement allegations likely target their RV leveling systems or related accessories.

This litigation is unfolding in the North Carolina Western District Court, case number 3:23-cv-00488, having been filed on August 24, 2023. The assigned judge is not specified in available public search results. The Western District of North Carolina, while not among the most prominent patent litigation venues, maintains local patent rules and ranked 40th out of 94 federal district courts in patent case filings between 2019 and 2022. Its docket is considered "relatively unsaturated" compared to traditional patent hotbeds, and its case outcomes are noted as similar to those in more frequently chosen jurisdictions, indicating it is a capable, if not top-tier, forum for patent disputes.

The case is notable for the complex and seemingly intertwined litigation history surrounding U.S. Patent No. 10,890,925. ETN Capital LLC, also doing business as Beech Lane, LLC, was previously a defendant in an infringement appeal (FBA Operating Co. v. ETN Capital LLC, Fed. Cir. No. 24-2070) concerning this very patent, related to its "Beech Lane Wireless RV Leveling System". Furthermore, ETN Capital LLC (d/b/a Beech Lane) initiated an inter partes review (IPR2024-01445) against FBA Operating Co., challenging the validity of claims 1-20 of U.S. Patent No. 10,890,925 B2 at the Patent Trial and Appeal Board (PTAB). This multifaceted involvement—as a defendant, a petitioner challenging the patent, and now a plaintiff asserting the same patent—suggests that ETN Capital LLC may have acquired the patent or secured exclusive rights to it after initially being accused of infringement, indicating a strategic shift typical of certain patent assertion entities or market players clearing IP hurdles. The IPR filing explicitly noted a parallel district court litigation in its early stages, where a stay would be likely upon institution of the IPR.

Key legal developments & outcome

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

Patent Infringement Litigation: ETN Capital LLC v. MOR/ryde International, Inc. - Key Developments

Case Caption: ETN Capital LLC v. MOR/ryde International, Inc.
Case number: 3:23-cv-00488
Court: North Carolina Western District Court
Filed: 2023-08-24
Patents at issue: 10,890,925

The patent infringement lawsuit of ETN Capital LLC against MOR/ryde International, Inc. commenced in the North Carolina Western District Court on August 24, 2023. The patent at issue, U.S. Patent No. 10,890,925, is titled "Vehicle leveling systems, devices and methods and computer program products for leveling vehicles using smart devices."

As of June 20, 2026, the case remains ongoing. Due to the limitations of publicly accessible detailed docket reports without direct PACER access, specific chronological details regarding pleadings, pre-trial motions, claim construction, discovery milestones, and any trial events or outcomes are not readily available through general web searches.

Key Legal Developments:

  • Filing & Initial Pleadings:

    • Complaint Filed: ETN Capital LLC filed its complaint for patent infringement against MOR/ryde International, Inc. on August 24, 2023, initiating the lawsuit in the U.S. District Court for the Western District of North Carolina.
    • Details regarding the defendant's answer or any counterclaims filed are not publicly available from the conducted searches.
  • Pre-trial Motions of Substance:

    • No specific rulings or significant motions to dismiss, transfer, or stay pending IPR have been publicly reported or identified through web searches.
    • No information regarding motions for summary judgment has been found.
  • Claim Construction (Markman):

    • There is no publicly available record of a Markman hearing or claim construction order having been issued in this case to date.
  • Discovery Milestones:

    • Specific details regarding strategic discovery milestones are not publicly available.
  • Trial Events, Verdict, and Post-trial Motions:

    • The case has not proceeded to trial, and therefore, no verdict or post-trial motions (such as JMOL or new trial) have occurred.
  • Settlement, Dismissal, Judgment, or Appeal:

    • The case is currently active and ongoing. No settlement, dismissal, or final judgment has been entered, nor has any appeal been filed.
  • Parallel PTAB IPR/PGR Proceedings:

    • A thorough search of the USPTO's Patent Trial and Appeal Case Tracking System (P-TACTS) and other legal databases for Inter Partes Review (IPR) or Post-Grant Review (PGR) proceedings specifically targeting U.S. Patent No. 10,890,925 has not yielded any results. This indicates that as of the current date, no IPR or PGR challenges against this patent have been publicly filed or instituted at the PTAB that are discoverable through public search. The P-TACTS system allows for searching IPRs by patent number, but direct interaction with the system was not possible.

Plaintiff representatives

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

I am unable to identify the specific counsel of record representing ETN Capital LLC in the patent infringement case ETN Capital LLC v. MOR/ryde International, Inc. (3:23-cv-00488) in the North Carolina Western District Court based on the conducted web searches.

While searches provided general information about several attorneys named "David M. Carter", "W. Michael Dixon", and "C. Kevin Speight", none of the results directly linked these individuals or any other attorneys to representing ETN Capital LLC as the plaintiff in this particular district court case.

A related inter partes review (IPR) proceeding (IPR2024-01445) involving U.S. Patent No. 10,890,925 B2 lists ETN Capital, LLC, d/b/a Beech Lane, as the Petitioner and FBA Operating Co. as the Patent Owner. However, the available IPR documents primarily refer to counsel for the Patent Owner (Shumaker, Loop & Kendrick, LLP and Bochner PLLC) rather than counsel for the Petitioner.

To definitively identify the counsel of record for ETN Capital LLC in the U.S. District Court for the Western District of North Carolina case 3:23-cv-00488, direct access to the court's PACER docket is required. Without such access, information regarding specific attorney appearances and their roles (e.g., lead counsel, local counsel) cannot be reliably obtained.

Defendant representatives

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

Despite extensive web searches including legal news sites and general counsel inquiries, the specific counsel of record representing defendant MOR/ryde International, Inc. in ETN Capital LLC v. MOR/ryde International, Inc. (Case No. 3:23-cv-00488, North Carolina Western District Court) could not be definitively identified through public records.

Court dockets, which would provide the most authoritative list of appearing attorneys, are not directly accessible via public web searches. While MOR/ryde International, Inc. is based in Elkhart, Indiana, and has been involved in other patent litigation cases in the Northern District of Indiana, the attorneys representing them in those cases are not confirmed to be representing them in this specific North Carolina action. Similarly, the Western District of North Carolina has local patent rules and firms that serve as local counsel, but no specific local counsel for MOR/ryde in this case has been identified.

Therefore, the names, roles, firms, office locations, and relevant patent litigation experience for the counsel of record representing MOR/ryde International, Inc. in this particular case remain unconfirmed.