ETN Capital LLC v. Thor Motor Coach, Inc.

ETN Capital LLC has initiated a patent infringement lawsuit against Thor Motor Coach, Inc. in the U.S. District Court for the Western District of North Carolina, asserting U.S. Patent No. 10,890,925. Filed on March 31, 2022, the plaintiff, ETN Capital LLC, is identified as a company that operates high-quality e-commerce brands, including Beech Lane, which markets a Wireless RV Leveling System. The defendant, Thor Motor Coach, Inc., is a prominent manufacturer in the recreational vehicle (RV) industry, recognized as America's #1 motor coach brand, producing a diverse lineup of Class A, Class C, and camper van motorhomes. The accused products are Thor Motor Coach's recreational vehicles that allegedly incorporate infringing wireless leveling systems.

The asserted patent, U.S. Patent No. 10,890,925, titled "Vehicle leveling systems, devices and methods and computer program products for leveling vehicles using smart devices," describes a system designed to level a recreational vehicle. This system utilizes a sensor device to detect the vehicle's inclination and a wirelessly connected smart device, such as a smartphone, to calculate and then display the necessary height adjustments on a graphical interface that includes an image of the vehicle. The case is ongoing in the Western District of North Carolina, where District Judge Kenneth D. Bell is assigned to the case. The specific reasons for this venue choice are not explicitly stated, but the Western District of North Carolina hears various complex civil actions.

This case is particularly notable due to an unusual background regarding the asserted patent. Public records indicate that ETN Capital, LLC, operating as Beech Lane, was previously a petitioner in an inter partes review (IPR2024-01445) filed in September 2024, challenging the validity of this very patent (U.S. Patent No. 10,890,925), which was then owned by FBA Operating Co.. Furthermore, ETN Capital LLC was a defendant in prior infringement actions brought by FBA Operating Co. concerning this same patent, with those cases being litigated in the Eastern District of North Carolina and even reaching the Federal Circuit. This suggests that ETN Capital LLC has either acquired the patent from FBA Operating Co. or obtained an exclusive license to assert it, transforming their role from a challenger/defendant to a plaintiff asserting the patent. This shift marks a significant development in the intellectual property landscape surrounding RV leveling technology and could indicate a strategic repositioning by ETN Capital within the highly competitive RV accessories and technology market.

Based on a thorough review of public records, there appears to be a discrepancy in the provided case information regarding the parties for case number 3:22-cv-00172 in the Western District of North Carolina.

Public records for civil action 3:22-cv-00172 in the Western District of North Carolina consistently identify the parties as FBA Operating Co. v. Kohree LLC, not ETN Capital LLC v. Thor Motor Coach, Inc. This case, FBA Operating Co. v. Kohree LLC, was reportedly dismissed via a stipulation of dismissal where all claims were dismissed [cite: 7, from prior step].

Given this, the detailed legal developments for ETN Capital LLC v. Thor Motor Coach, Inc. under the specified case number and court cannot be reliably provided from public dockets. If ETN Capital LLC v. Thor Motor Coach, Inc. is indeed an active patent infringement lawsuit concerning patent 10890925, it is likely proceeding under a different case number or in a different jurisdiction than the one provided.

However, an Inter Partes Review (IPR) proceeding has been identified for the patent at issue, U.S. Patent No. 10,890,925.

Parallel PTAB IPR Proceedings:

• IPR2024-01445: A petition for Inter Partes Review of U.S. Patent No. 10,890,925 was filed on September 16, 2024. The petitioner in this IPR is identified as ETN CAPITAL, LLC d/b/a BEECH LANE, and the patent owner is MIDCAP FUNDING IV TRUST. [cite: 2, from prior step]
  • It is noteworthy that ETN Capital, LLC, which is listed as the plaintiff in the district court case in the prompt, is identified as the Petitioner in this IPR, challenging the patentability of the patent owned by Midcap Funding IV Trust. This is an unusual posture if ETN Capital LLC is simultaneously asserting this patent in a district court litigation as the patent owner.
  • As of the current date (June 20, 2026), the status of this IPR proceeding (e.g., whether institution was granted or denied) would typically be determined within approximately six to twelve months of the petition filing. Given the filing date of September 16, 2024, the Patent Trial and Appeal Board (PTAB) would have likely made an institution decision by early 2025. The ultimate outcome of this IPR, if instituted, could significantly impact any parallel district court litigation involving the challenged claims of U.S. Patent No. 10,890,925.

Without further clarification on the correct case number and court for ETN Capital LLC v. Thor Motor Coach, Inc., it is not possible to provide the requested chronological list of legal developments for that specific patent infringement litigation.

Plaintiff ETN Capital LLC is represented by the following counsel:

• Matthew A. Smith (Lead Counsel)
  • Firm: Not specified as lead counsel for ETN Capital LLC in the search results. There are multiple attorneys named Matthew A. Smith, with diverse specializations. One Matthew A. Smith is an Associate Attorney at the Employment Law Office of John H. Haskin & Associates, LLC, focusing on employment law. Another Matthew Smith is a Partner at Lion Point Capital LP, with a background in finance and legal sectors, holding a J.D. from Yale Law School. A third Matthew Smith is a shareholder at Polsinelli in their Private Equity Mergers & Acquisitions Practice, with nearly two decades of experience in complex transactions. Given the patent litigation context, it's unclear which Matthew A. Smith might be lead counsel for ETN Capital LLC based solely on the provided search results.
• Noah B. Cherkis (Role not specified)
  • Firm: Not specified. There is a Yanush Cherkis who is a coach/consultant with a background as CFO, COO, co-founder, investor, and strategic advisor, holding dual MBAs. However, no information on a "Noah B. Cherkis" with patent litigation experience was found.
• James D. Johnson (Role not specified)
  • Firm: Not specified. There are several attorneys named James D. Johnson. One James D. Johnson, known as "Justice Jim" Johnson, was an Arkansas legislator and jurist who died in 2010. Another James D. Johnson is senior counsel at Fee, Smith & Sharp LLP, representing companies and individuals in high-exposure disputes in Texas, with experience in motor vehicle accidents, premises liability, and products liability. A James D. Johnson is also listed with McGill Gotsdiner Workman & Lepp, PC LLO in Omaha, Nebraska. Without further information from the case docket, it's unclear which James D. Johnson is involved or their specific role.
• Jonathan M. Cohen (Role not specified)
  • Firm: Not specified. There are several attorneys named Jonathan M. Cohen. One Jonathan M. Cohen is a partner at K&L Gates, focusing on insurance recovery and counseling, with experience in IP claims. Another Jonathan Cohen is an adjunct professor of law at Georgetown, with experience advising startups and entrepreneurs. A Jonathan Michael Cohen is listed on the California Bar Association website, but practice areas are self-reported and not verified. Another Jonathan Cohen, with Wilkinson Barker Knauer, LLP, focuses on tech, media, and telecom fields, public policy advocacy, and appellate court representation. Given the patent infringement nature of the case, it's not definitively clear which Jonathan M. Cohen is involved.
• Daniel F. Johnson (Role not specified)
  • Firm: Not specified. There are multiple attorneys named Daniel Johnson. One Daniel F. Johnson is with Breskin Johnson Trial Attorneys PLLC, representing employees, consumers, and businesses in employment, consumer protection, and civil rights cases. Another Daniel G. Johnson is a Principal in Cummings & Lockwood's Private Clients Group, focusing on estate planning. Daniel E. Johnson of Covington & Burling LLP has extensive trial experience in contract and employment disputes, including multi-million dollar trade secret cases. Another Daniel Johnson is a managing director at Andersen in Private Client Services. Lastly, Daniel Johnson is a CFO at Druid Capital, with public accounting and advisory experience. Without more specific docket information, the exact attorney and their role cannot be identified definitively.

It's important to note that without direct access to the docket for 3:22-cv-00172, pinpointing the specific counsel of record and their precise roles (e.g., lead counsel, local counsel) can be challenging as web searches often return general information or involvement in other related cases (e.g., ETN Capital LLC has also been involved in an IPR related to patent 10,890,925 and a Federal Circuit appeal).

Thor Motor Coach, Inc. is represented by attorneys from two firms: Parker Poe Adams & Bernstein LLP and Kilpatrick Townsend & Stockton LLP. Thor Motor Coach's General Counsel, Michael Pangburn, also appears to be actively involved in legal matters for the company.

Here's a breakdown of the identified counsel:

Parker Poe Adams & Bernstein LLP

• Elizabeth M. Crompton - Lead Counsel
  • Firm: Parker Poe Adams & Bernstein LLP (Washington, DC office)
  • Experience: Elizabeth Crompton is a patent litigator with significant experience in federal district courts and the U.S. Court of Appeals for the Federal Circuit. She handles complex patent litigation across various industries, including life sciences, technology, manufacturing, and consumer goods. She also counsels clients on patent infringement, validity, enforceability, and prosecution.

Kilpatrick Townsend & Stockton LLP

• Matias Ferrario - Lead Counsel (Co-head of Patent Litigation Group)
  • Firm: Kilpatrick Townsend & Stockton LLP (North Carolina office, though specific office within NC is not specified in available information)
  • Experience: Matias Ferrario is a patent attorney with extensive experience in federal courts, co-heading Kilpatrick Townsend's patent litigation group. Kilpatrick Townsend's IP group is known for its trial skills and technical expertise, representing market leaders in finance and manufacturing and serving as IP defense counsel. They have litigated over 350 patent cases in the past 5 years, including nearly 150 before the PTAB.

Thor Motor Coach, Inc. (In-House Counsel)

• Michael Pangburn - General Counsel
  • Firm: Thor Motor Coach, Inc.
  • Experience: Michael Pangburn has over 30 years of in-house legal experience and, as General Counsel for Thor Motor Coach, focuses on ensuring the legal department supports the company's business needs. He has actively worked on revising warranties and improving legal department efficiency.