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This case was last updated from PACER on 06/08/2021 at 07:11:28 (UTC).

Tigo Energy Inc. v. Altenergy Power Systems Inc. et al

Case Summary

On April 9, 2021, Tigo Energy Inc. (“Tigo” or “Plaintiff”), represented by Nicholas A. Brown of Greenberg Traurig LLP, filed an intellectual property lawsuit against Altenergy Power Systems Inc. (“APS-CA”), Alternergy Power Systems USA Inc. (“APS-WA”), and Zhejiang Yuneng Technology Co., Ltd. (“APS-China”) (collectively, “Defendants”), seeking award of damages and accounting to adequate compensation along with the award of cost and expenses for allegedly infringing the technology relating to photovoltaic safety and module-level rapid-shutdown owned by Plaintiff. This case was filed in the U.S. District Court for the Northern District of California with Judge Virginia K. DeMarchi presiding. 

 

In its complaint, the Plaintiff alleged that “Plaintiff has been a technology leader in photovoltaic safety for many years, and has been awarded many patents, including U.S. Patent Nos. 8,653,689, 9,584,021, 9,966,848, 10,333,405, and 8,933,321 (collectively, the “Patents-in-Suit”). For enhanced watchdog in solar module installations and methods for enhanced efficiency auxiliary power supply module.”

 

The Plaintiff further alleged that “On information and belief, Defendants copied Tigo’s product line in order to enter into the business of offering for sale, selling, and distributing products designed to enable photovoltaic systems to comply with the rapid shutdown requirements of National Electric Code § 690.12. Defendants’ products include the APsmart RSD-S-PLC pictured below right. Like Tigo’s TS4-A-F, the APsmart RSD-S-PLC is a module-level rapid shutdown unit that is attached to individual photovoltaic panels. On information and belief, Defendants have made, used, sold, offered to sell, and/or imported RSD-S-PLC devices in the Northern District of California.”

 

The Plaintiff further alleged that “APS-China uses the same branding and logo as APS-CA and APS-WA, and the three entities hold themselves out in interchangeable ways, including without limitation to the accused rapid shutdown devices. Defendants’ publicly available materials show that the rapid shutdown side of their business is one component of a singular, global APsystems business that is managed by the same individuals and sells technical solutions developed by a single “team”.  On information and belief, not piercing the corporate veil would lead to inequitable results because APS-China would be allowed to infringe the Patents-in-Suit without repercussion and to pocket a portion of the profit for its sales of the accused products to APS-WA and/or APSCA, thereby depriving Tigo of full satisfaction and compensation for Defendants’ infringement. Additionally, on information and belief, Defendant APS-China is vicariously liable for the infringing acts in the United States pursuant to agency principles because APS-WA and/or APS-CA perform services—including without limitation the importation, marketing, and sale of the accused products in the United States.”

 

There are five claims for relief laid down by the Plaintiff. The first claim is for alleged infringement of the ’689 Patent; the second claim is for alleged infringement of the ’021 Patent; the third claim is for alleged infringement of the ’848 Patent; the fourth claim is for alleged infringement of the ’405 Patent; the fifth claim is for alleged infringement of Claim 5 The ’321 Patent.

 

In its prayer for relief, the Plaintiff has requested the court to adjudicate that Defendant has infringed the patents owned by Plaintiff; grant an award of damages adequate to compensate Plaintiff; account to adequate compensation and reasonable royalty, along with prejudgment and post-judgment interest and costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:21-CV-02612

  • Filing Date:

    04/09/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    California Northern District

Judge Details

Presiding Judge

Virginia K. DeMarchi

 

Party Details

Plaintiff

Tigo Energy Inc.

Defendants

Zhejiang Yuneng Technology Co., Ltd.

Altenergy Power Systems USA Inc.

Altenergy Power Systems Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Nicholas A. Brown

Attorney at Greenberg Traurig LLP

4 Embarcadero Center, Suite 3000

San Francisco, CA 94111-5983

Xavier Mark Brandwajn

Attorney at Greenberg Traurig, LLP

4 Embarcadero Center, Suite 3000

San Francisco, CA 94111-5983

 

Court Documents

#14

(#14) REPORT on the filing or determination of an action regarding patent (cc: form mailed to register). (dhmS, COURT STAFF) (Filed on 4/27/2021) (Entered: 04/27/2021)

#13

(#13) NOTICE of Voluntary Dismissal Notice of Dismissal Without Prejudice by Tigo Energy Inc. (Brown, Nicholas) (Filed on 4/26/2021) (Entered: 04/26/2021)

#12

(#12) REPORT on the filing or determination of an action regarding Patent (cc: form mailed to register). (dhmS, COURT STAFF) (Filed on 4/12/2021) (Entered: 04/12/2021)

#11

(#11) Summons Issued as to Zhejiang Yuneng Technology Co., Ltd.. (dhmS, COURT STAFF) (Filed on 4/12/2021) (Entered: 04/12/2021)

#10

(#10) Summons Issued as to Altenergy Power Systems Inc.. (dhmS, COURT STAFF) (Filed on 4/12/2021) (Entered: 04/12/2021)

#9

(#9) Summons Issued as to Altenergy Power Systems USA Inc.. (dhmS, COURT STAFF) (Filed on 4/12/2021) (Entered: 04/12/2021)

#8

(#8) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/6/2021. Initial Case Management Conference set for 7/13/2021 01:30 PM in San Jose, Courtroom 2, 5th Floor. (dhmS, COURT STAFF) (Filed on 4/12/2021) (Entered: 04/12/2021)

#6

(#6) REPORT on the filing or determination of an action regarding a Patent (cc: form mailed to register). (Brown, Nicholas) (Filed on 4/9/2021) (Entered: 04/09/2021)

#5

(#5) Rule 7.1 Disclosures by Tigo Energy Inc. Disclosure of Interested Parties Pursuant to Rule of Civil Procedure 7.1 and Civil Local Rule 3-15 (Brown, Nicholas) (Filed on 4/9/2021) (Entered: 04/09/2021)

#4

(#4) Proposed Summons. (Brown, Nicholas) (Filed on 4/9/2021) (Entered: 04/09/2021)

#3

(#3) Proposed Summons. (Brown, Nicholas) (Filed on 4/9/2021) (Entered: 04/09/2021)

#2

(#2) Proposed Summons. (Brown, Nicholas) (Filed on 4/9/2021) (Entered: 04/09/2021)

1 #7

Civil Cover Sheet

1 #6

Exhibit 6

1 #5

Exhibit 5

1 #4

Exhibit 4

1 #3

Exhibit 3

1 #1

Exhibit 1

9 More Documents Available
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Docket Entries

  • 04/27/2021
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  • Docket(#14) REPORT on the filing or determination of an action regarding patent (cc: form mailed to register). (dhmS, COURT STAFF) (Filed on 4/27/2021) (Entered: 04/27/2021)

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  • 04/26/2021
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  • Docket(#13) NOTICE of Voluntary Dismissal Notice of Dismissal Without Prejudice by Tigo Energy Inc. (Brown, Nicholas) (Filed on 4/26/2021) (Entered: 04/26/2021)

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  • 04/12/2021
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  • Docket(#12) REPORT on the filing or determination of an action regarding Patent (cc: form mailed to register). (dhmS, COURT STAFF) (Filed on 4/12/2021) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#11) Summons Issued as to Zhejiang Yuneng Technology Co., Ltd.. (dhmS, COURT STAFF) (Filed on 4/12/2021) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#10) Summons Issued as to Altenergy Power Systems Inc.. (dhmS, COURT STAFF) (Filed on 4/12/2021) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#9) Summons Issued as to Altenergy Power Systems USA Inc.. (dhmS, COURT STAFF) (Filed on 4/12/2021) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#8) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/6/2021. Initial Case Management Conference set for 7/13/2021 01:30 PM in San Jose, Courtroom 2, 5th Floor. (dhmS, COURT STAFF) (Filed on 4/12/2021) (Entered: 04/12/2021)

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  • 04/12/2021
  • Docket(#7) Case assigned to Magistrate Judge Virginia K. DeMarchi. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/26/2021. (anjS, COURT STAFF) (Filed on 4/12/2021) (Entered: 04/12/2021)

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  • 04/09/2021
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  • Docket(#6) REPORT on the filing or determination of an action regarding a Patent (cc: form mailed to register). (Brown, Nicholas) (Filed on 4/9/2021) (Entered: 04/09/2021)

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  • 04/09/2021
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  • Docket(#5) Rule 7.1 Disclosures by Tigo Energy Inc. Disclosure of Interested Parties Pursuant to Rule of Civil Procedure 7.1 and Civil Local Rule 3-15 (Brown, Nicholas) (Filed on 4/9/2021) (Entered: 04/09/2021)

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  • 04/09/2021
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  • Docket(#4) Proposed Summons. (Brown, Nicholas) (Filed on 4/9/2021) (Entered: 04/09/2021)

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  • 04/09/2021
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  • Docket(#3) Proposed Summons. (Brown, Nicholas) (Filed on 4/9/2021) (Entered: 04/09/2021)

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  • 04/09/2021
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  • Docket(#2) Proposed Summons. (Brown, Nicholas) (Filed on 4/9/2021) (Entered: 04/09/2021)

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  • 04/09/2021
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  • Docket(#1) COMPLAINT Complaint for Patent Infringement against Altenergy Power Systems Inc., Altenergy Power Systems USA Inc., Zhejiang Yuneng Technology Co., Ltd. ( Filing fee $ 402, receipt number 0971-15820730.). Filed byTigo Energy Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Civil Cover Sheet)(Brown, Nicholas) (Filed on 4/9/2021) (Entered: 04/09/2021)

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