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The NOCO Co., Inc. v. Shenzhen Dika Na'er E-Commerce Co., Ltd.

United States District Court, N.D. Ohio, Eastern Division

June 28, 2018

THE NOCO COMPANY, INC. Plaintiff,
v.
SHENZHEN DIKA NA'ER E-COMMERCE CO., LTD. Defendant.

          OPINION AND ORDER

          CHRISTOPHER A. BOYKO UNITED STATES DISTRICT JUDGE.

         This matter is before the Court on the Motion to Dismiss (ECF DKT # 17) by Defendant Shenzhen Dika Na'er E-Commerce Co., Ltd. For the following reasons, the Court denies Defendant's Motion. Plaintiff has also filed a Motion for Leave to File Sur-Reply in Opposition to Defendant's Motion to Dismiss (ECF DKT # 21). Because the Court denies Defendant's Motion, it is not necessary to consider the additional case law contained in Plaintiff's Motion for Leave to File Sur-Reply.

         According to Plaintiff, Defendant infringed Plaintiff's patented car jump starting device by selling five similar devices. Plaintiff's Complaint alleges one claim for Patent Infringement.

         Background Facts

         In 2014, Plaintiff The NOCO Company, Inc. (“Plaintiff”) introduced a lithium-ion battery-powered jump starter (the “Genius Boost”) on to the market. Compl. ¶ 11. On July 3, 2014, Plaintiff filed a utility patent application for the Genius Boost, which was granted and issued as U.S. Patent No. 9, 007, 015 (the “'015 Patent”) on April 14, 2015. Compl. ¶ 14. The '015 Patent discloses and claims a handheld jump starter that includes a lithium-ion battery, microcontroller and sensors to detect whether the device is properly connected to both terminals of a vehicle battery:

         Apparatus for jump starting a vehicle engine, comprising:

an internal power supply;
an output port having positive and negative polarity outputs;
a vehicle battery isolation sensor connected in circuit with said positive and negative polarity outputs, configured to detect presence of a vehicle battery connected between said positive and negative polarity outputs;
a reverse polarity sensor connected in circuit with said positive and negative polarity outputs, configured to detect polarity of a vehicle battery connected between said positive and negative polarity outputs and to provide an output signal indicating whether positive and negative terminals of said vehicle battery are properly connected with said positive and negative polarity outputs of said output port;
a power switch connected between said internal power supply and said output port; and
a microcontroller configured to receive input signals from said vehicle isolation sensor and said reverse polarity sensor, and to provide an output signal to said power switch, such that said power switch is turned on to cause said internal power supply to be connected to said output port in response to signals from said sensors indicating the presence of a vehicle battery at said output port and proper polarity connection of positive and negative terminals of said vehicle battery with said positive and negative polarity outputs, and is not turned on when signals from said sensors indicate either the absence of a vehicle battery at said output port or improper polarity connection of positive and negative terminals of said vehicle battery with said positive and negative polarity outputs.

Compl. ¶¶ 15, 17.

         Plaintiff alleges that Defendant Shenzhen Dika Na'er E-Commerce Co., Ltd. (“Defendant”) sold five similar devices (the “Suaoki ...


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