Litigation

MWE Investments LLC v. Champion Power Equipment Inc.

Not Instituted - Procedural

IPR2025-01423

Filed
2025-09-03
Terminated
2026-01-27

Patents at issue (1)

Plaintiffs (1)

Defendants (1)

Summary

An Inter Partes Review (IPR) petition was filed by MWE Investments LLC against Champion Power Equipment Inc. concerning patent 11530654. The PTAB did not institute the review for procedural reasons.

Case overview & background

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

The case IPR2025-01423, MWE Investments LLC v. Champion Power Equipment Inc., involves a petition for inter partes review (IPR) filed by MWE Investments LLC challenging the validity of U.S. Patent No. 11,530,654, owned by Champion Power Equipment Inc..

Parties and Accused Technology:
MWE Investments LLC appears to be involved in the power equipment industry, specifically as a manufacturer and licensor of the Westinghouse brand mark for outdoor power equipment, including generators.. They have import activity related to power equipment components and are associated with companies like Ducar Technology Company Limited and Chongqing Dajiang Power Equipment.. Champion Power Equipment Inc. is a market leader in power generation equipment, designing and selling a broad lineup that includes portable generators, home standby generators, inverters, water pumps, winches, and log splitters.. The underlying infringement action, if any, likely involves Champion's patents on multi-fuel generators or features of such generators, given Champion's product offerings and other related litigation..

Patent at Issue and Procedural Posture:
The sole patent at issue in this IPR is U.S. Patent No. 11,530,654. Without access to the full patent document, a detailed one-line technical sketch is unavailable from the search results. However, other related IPRs and litigation involving Champion and its competitors, such as Generac Power Systems, Inc. and Harbor Freight Tools USA Inc., concern patents related to "fuel system for a multi-fuel internal combustion engine" and multi-fuel generators.. This IPR was filed at the Patent Trial and Appeal Board (PTAB) on September 3, 2025, and terminated on January 27, 2026, with a "Not Instituted - Procedural" status.. The PTAB is an administrative body within the U.S. Patent and Trademark Office (USPTO) that reviews the patentability of claims in issued patents.. The "Not Instituted - Procedural" status indicates that the PTAB did not reach the merits of the patentability challenge, often due to issues such as real party-in-interest disclosures, settlement, or other procedural defects before a decision on institution was made..

Notability:
This case is notable due to its connection to a broader pattern of patent litigation and IPR challenges in the outdoor power equipment industry, particularly concerning generators. MWE Investments LLC, along with Harbor Freight Tools USA Inc. and Generac Power Systems Inc., have been involved in multiple IPRs against Champion Power Equipment.. Specifically, MWE Investments LLC was a named defendant in a district court patent infringement case filed by Champion Power Equipment in the U.S. District Court for the District of Nevada (Case No. 3:2025cv00239), which also named Midwest Equipment Sales, LLC and Westinghouse Electric Corporation.. This particular IPR (IPR2025-01423) was terminated procedurally because MWE Investments LLC reached a settlement agreement with Champion Power Equipment in the related district court litigation and filed an unopposed motion to withdraw as a petitioner in multiple IPRs, including this one.. This highlights the strategic use of IPRs in conjunction with district court litigation and how settlements can lead to the termination of IPR proceedings, particularly before institution.. The case also occurs in a context where the PTAB Director has emphasized stricter scrutiny of inconsistent claim construction positions between district court and IPRs, as seen in other related cases involving Generac and Champion..

Key legal developments & outcome

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

Patent Infringement Litigation: MWE Investments LLC v. Champion Power Equipment Inc.

This case involves a patent infringement dispute initiated by Champion Power Equipment Inc. against MWE Investments LLC in district court, alongside a parallel Inter Partes Review (IPR) proceeding at the Patent Trial and Appeal Board (PTAB) filed by MWE Investments LLC. The litigation and IPR both concluded with a procedural disposition stemming from a settlement between the parties.

Key Legal Developments and Outcome:

  • May 14, 2025 – Litigation Filing: Champion Power Equipment, Inc. initiated a patent infringement lawsuit against MWE Investments, LLC (along with Midwest Equipment Sales, LLC, Westinghouse Electric and Manufacturing Company, LLC, and Westinghouse Electric Corporation) in the U.S. District Court for the District of Nevada. The case was assigned Case Number 3:2025cv00239. The complaint asserted infringement of multiple patents owned by Champion, including U.S. Patent No. 11,530,654.

  • September 3, 2025 – IPR Filing: MWE Investments LLC filed an Inter Partes Review petition, IPR2025-01423, against Champion Power Equipment Inc., challenging the validity of U.S. Patent No. 11,530,654.

  • December 30, 2025 – Litigation Dismissed Due to Settlement: MWE Investments, LLC and Champion Power Equipment, Inc. reached a settlement agreement to resolve their disputes. As a result, the District Court in the District of Nevada granted a dismissal with prejudice of Champion's complaint asserting the challenged patents against MWE in case 3:2025cv00239.

  • January 27, 2026 – IPR Not Instituted (Procedural): Following the settlement, MWE Investments, LLC moved to withdraw from the IPR petition (IPR2025-01423). Although other petitioners (like Generac Power Systems, Inc.) in related IPRs did not withdraw, the PTAB ultimately determined not to institute IPR2025-01423 for procedural reasons, reflecting the resolution of the dispute between MWE and Champion.

Plaintiff representatives

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

In the Inter Partes Review (IPR) case IPR2025-01423, MWE Investments LLC was a petitioner alongside Generac Power Systems Inc. and Harbor Freight Tools USA Inc.. MWE Investments LLC requested to withdraw its counsel and itself as a named petitioner, a request related to a settlement in a parallel district court litigation. The PTAB ultimately did not institute the review for procedural reasons.

The counsel of record representing MWE Investments LLC as the petitioner in this IPR, prior to their requested withdrawal, included:

  • Thomas A. Walsh (Counsel for Petitioner)

    • Firm: (Firm information not explicitly found in provided search results for this case. Further search needed.)
    • Office Location: (Not found in provided search results)
    • Relevant Experience: (Not found in provided search results)
  • Thomas A. Rammer (Counsel for Petitioner)

    • Firm: (Firm information not explicitly found in provided search results for this case. Further search needed.)
    • Office Location: (Not found in provided search results)
    • Relevant Experience: (Not found in provided search results)
  • Alexas D. Siliunas (Counsel for Petitioner)

    • Firm: (Firm information not explicitly found in provided search results for this case. Further search needed.)
    • Office Location: (Not found in provided search results)
    • Relevant Experience: (Not found in provided search results)

The provided search results indicate these individuals as counsel for MWE Investments, LLC who sought to withdraw from the IPR, but do not specify their law firm or detailed experience.

Defendant representatives

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

Champion Power Equipment Inc. (Patent Owner) was represented by attorneys from Perilla Knox & Hildebrandt LLP (PKH) and Ziolkowski Patent Solutions Group SC in the IPR2025-01423 proceeding and related litigation.

Here's a breakdown of the counsel of record for Champion Power Equipment Inc.:

Perilla Knox & Hildebrandt LLP (PKH)

  • Joseph W. Staley (Lead Counsel)
    • Firm: Perilla Knox & Hildebrandt LLP
    • Office Location: Not specified in the provided search results.
    • Experience: Mr. Staley is a litigator at PKH, a firm that has secured multiple victories for Champion Power Equipment in IPR challenges, including those involving inconsistent claim construction arguments.
  • Scott P. Amy (Counsel)
    • Firm: Perilla Knox & Hildebrandt LLP
    • Office Location: Not specified in the provided search results.
    • Experience: Mr. Amy is a litigator at PKH and has been involved in representing Champion in IPR matters.
  • Thomas Finch (Counsel)
    • Firm: Perilla Knox & Hildebrandt LLP
    • Office Location: Not specified in the provided search results.
    • Experience: Mr. Finch is a litigator at PKH and has represented Champion in IPR proceedings.

Ziolkowski Patent Solutions Group SC

  • Timothy J. Ziolkowski (Co-counsel)
    • Firm: Ziolkowski Patent Solutions Group SC
    • Office Location: Port Washington, WI
    • Experience: Mr. Ziolkowski has consistently represented Champion Power Equipment in various patent infringement actions and IPRs, including cases against Generac Power Systems Inc. and Firman Power Equipment, Inc. His firm is exclusively used by Champion for patent prosecution work.
  • Jacob M. Fritz (Co-counsel)
    • Firm: Ziolkowski Patent Solutions Group SC
    • Office Location: Port Washington, WI
    • Experience: Mr. Fritz also regularly represents Champion in patent litigation and IPR proceedings, working alongside Mr. Ziolkowski.

Husch Blackwell LLP

While not explicitly listed for IPR2025-01423, attorneys from Husch Blackwell LLP have represented Champion Power Equipment Inc. in related patent infringement litigation, such as against Generac Power Systems Inc. and Harbor Freight Tools USA, Inc..

  • Thomas P. Heneghan (Counsel in related matters)
    • Firm: Husch Blackwell LLP
    • Office Location: Madison, WI
    • Experience: Mr. Heneghan has represented Champion in patent infringement cases in district courts.
  • Jennifer Elizabeth Hoekel (Counsel in related matters)
    • Firm: Husch Blackwell LLP
    • Office Location: St. Louis, MO
    • Experience: Ms. Hoekel has also represented Champion in district court patent infringement cases.
  • Sharif Ahmed (Counsel in related matters)
    • Firm: Husch Blackwell LLP
    • Office Location: Phoenix, AZ
    • Experience: Mr. Ahmed has appeared for Champion in motions related to discovery and transfer in district court cases.
  • Kimberly Gutierrez (Counsel in related matters)
    • Firm: Husch Blackwell LLP
    • Office Location: Madison, WI
    • Experience: Ms. Gutierrez is listed as counsel for Champion in other patent litigation.

Snell & Wilmer LLP

Attorneys from Snell & Wilmer LLP have also represented Champion Power Equipment Inc. in other patent infringement actions, such as against Firman Power Equipment, Inc.

  • David Barker (Counsel in related matters)
    • Firm: Snell & Wilmer LLP
    • Office Location: Not specified in the provided search results.
    • Experience: Mr. Barker has represented Champion in patent infringement actions.
  • Zachary Schroeder (Counsel in related matters)
    • Firm: Snell & Wilmer LLP
    • Office Location: Not specified in the provided search results.
    • Experience: Mr. Schroeder has represented Champion in patent infringement actions.
  • R. Scott Weide (Local Counsel in related matters)
    • Firm: Snell & Wilmer LLP
    • Office Location: Not specified in the provided search results.
    • Experience: Mr. Weide has been designated as local counsel for Champion in district court cases in the District of Nevada.