Tools Aviation LLC alleged in a complaint filed Monday that Digital Pavilion Electronics infringed on its patent by selling “battery holding and dispensing apparatus, also known as battery caddies” on Amazon. For each of the infringed patents, the plaintiff said Digital Pavillion used every element of the cited claims.
Tools Aviation claims that the design of the defendant’s product infringes upon U.S. Patent Nos. 7,287,648 (the ’648 patent); 8,267,252 (the ’252 patent); and 9,022,218 (the ’218 patent). The case was filed in the Eastern District of New York.
Tools Aviation makes and sells battery caddies under the trademark names “Storacell” and “Powerpax.” Originally, the Storacell battery caddy was intended “to be used by pilots for storing and dispensing batteries from the pilot’s flight bag during emergencies. However, the Storacell also provides convenient and compact battery storage to be used in homes, cars, offices and shops.”
In 2019, the defendant started to sell “RadCad Battery Charger and Caddy for AA Rechargeable Batteries” on Amazon, a product which the plaintiff claims infringes its patent because of its similar design and function. Tools Aviation complained to Amazon, who then sent their letter to the defendant; thus, the plaintiff asserted that the defendant knew of its infringement.
Tools Aviation alleged that Digital Pavilion infringes at least claim 12 of the ’648 patent, which states, “[a] battery holding and dispensing apparatus for holding and dispensing elongated cylindrical batteries…” Tools Aviation claimEd that Digital Pavilion uses every element of this claim; pointing to each feature in its product and the reference to it in the patent and allegedly infringing product photographs. Through the manufacture and sale of the RadCad caddy, Tools Aviation asserted that Digital Pavilion has also infringed upon this patent.
The plaintiff similarly alleged violations of the ‘252 and ‘218 patents, which protect similar designs of battery caddies. The plaintiff similarly used photographs to allege widespread infringement.
The plaintiff claimed that Digital Pavilion’s infringement was willful and that it induced infringement of these patents. Tools Aviation has sought to declare the patents-in-suit valid and enforceable; to declare that defendants have infringed and induced infringement of said patents; injunctive relief; an award for damages; treble damages for willful infringement; pre- and post-judgment interest; an award for costs and fees; and other relief as determined by the court.
Tools Aviation is represented by Gabriel & Pelaez, PLLC, as well as Erickson Law Group, PC.
