UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF WISCONSIN
`
`
`CHAMPION POWER EQUIPMENT, INC.
`
` Plaintiff,
`
`v.
`
`GENERAC POWER SYSTEMS, INC.
`
` Defendant.
`
`
`
`
`Case No. 24-cv-1281
`
`JURY TRIAL DEMANDED
`
`DEFENDANT’S FIRST AMENDED ANSWER TO PLAINTIFF’S COMPLAINT
`AND DEMAND FOR JURY TRIAL AND COUNTERCLAIMS
`
`Case 2:24-cv-01281-LA Filed 05/15/25 Page 1 of 133 Document 30
`Champion - EX2011, Page 1 of 133
`Generac Power Systems, Inc. et al v. Champion Power Equip., Inc.
`IPR2025-01099
`
`
`
`
`
`
`
`GENERAC POWER SYSTEMS, INC. (“Generac”) by and through its undersigned
`attorneys, hereby files this First Amended Answer to Plaintiff CHAMPION POWER
`EQUIPMENT, INC.’S (“Champion” or “Plaintiff” ) Complaint and its Counterclaims . Unless
`expressly admitted, all allegations are denied.
`THE PARTIES1
`1. Champion is a duly organized and operating Nevada corporation incorporated at
`6370 S Pioneer Way, Unit 101, Las Vegas, Nevada 89113. Champion designs and sells single fuel
`and multi-fuel generators, power stations, log splitters, chipper shredders, leaf blowers, tillers,
`chainsaws, cultivators, lawn edgers, augers, string trimmers, pressure washers, water pumps, snow
`blowers, winches, hoists, accessories, and other equipment.
`ANSWER: Generac admits that Champion sells single - and multi-fuel generators. Generac is
`without information to admit or deny the remaining allegations of this paragraph and therefore
`denies the same.
`2. Champion goes to great lengths in protecting its proprietary intellectual property
`and expends considerable resources in obtaining patents in the United States and other foreign
`jurisdictions. Champion has filed over 70 patent applications and has been awarded 61 U.S.
`patents.
`ANSWER: Generac is without information to admit or deny the allegations of this paragraph
`and therefore denies the same.
`3. Generac is a duly organized and operating Wisconsin Corporation whose principal
`place of business is located at S45W29290 State Road 59, Waukesha, WI 53189- 9071. Upon
`information and belief, Generac designs, manufactures, imports, and sells single -fuel and multi-
`fuel generators, power stations, and accessories that directly compete with Champion. Generac
`advertises its products for sale nationally and has advertised, marketed, and sold products
`infringing Champion’s intellectual property rights within the State of Wisconsin, and all other
`states and territories of the United States.
`ANSWER: Generac admits it is a Wisconsin corporation whose principal place of business is
`located at S45W29290 Highway 59, Waukesha, Wisconsin. Generac admits it designs,
`1 Generac repeats Plaintiff’s headings for ease of understanding. By repeating Plaintiff’s headings,
`Generac does not admit the veracity of the headings or any statements under the headings and
`specifically denies the same.
`Case 2:24-cv-01281-LA Filed 05/15/25 Page 2 of 133 Document 30
`Champion - EX2011, Page 2 of 133
`Generac Power Systems, Inc. et al v. Champion Power Equip., Inc.
`IPR2025-01099
`
`
`
`
`
`
`
`ma
`nufactures, imports, and sells single -fuel and multi -fuel generators, power stations, and
`accessories, and that it advertises the same nationally. Otherwise denied.
`4. Generac also does business under the name “Powermate” 1 [n.1: The website
`https://www.powermate.com sets forth the following: “Generac Power Systems, Inc., DBA
`Powermate”] and sells multi-fuel generators under the name Powermate. Powermate generators
`are available for purchase at https://www.powermate.com. Additionally, according to United
`States Patent and Trademark Office records, Generac Power Systems, Inc. is the owner of U.S.
`Trademark Registration No. 4,825,288 for POWERMATE with the following identification of
`goods in International Class 007: “Outdoor chore equipment, namely, power blowers for leaves,
`power-operated lawn edgers, earth augers, power-operated cultivators, power tillers, lawnmowers,
`power lawn and garden tools in the nature of chippers and shredders, power machines for splitting
`logs for firewood, and parts and accessories related to the foregoing.” Doing business as
`Powermate, Generac designs, manufactures, imports, and sells multi -fuel generators and
`accessories that also directly compete with Champion.
`ANSWER: Generac admits it does business under the name Powermate. Generac admits that
`Powermate-branded generators are available for purchase on https://www.powermate.com.
`Generac admits it is the owner of U.S. Trademark Registration No. 4,825,288 for POWERMATE.
`Otherwise denied.
`5. Champion has sent Generac cease and desist demands regarding Generac and
`Powermate generators. Generac has ignored those demands and continues to sell infringing
`generators.
`ANSWER: Generac admits that Champion has sent Generac meritless cease and desist
`demands regarding Generac and Powermate generators. Generac responded to Champion’s
`meritless cease and desist letters and denied infringement. Otherwise denied.
`JURISDICTION AND VENUE
`6. This is an action for patent infringement under the patent laws of the United States,
`35 U.S.C. §§ 271, et seq.
`ANSWER: This paragraph contains a legal conclusion to which no response is required. The
`paragraph speaks for itself. Otherwise denied.
`7. This Court has jurisdiction over the subject matter of this patent infringement action
`pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`Case 2:24-cv-01281-LA Filed 05/15/25 Page 3 of 133 Document 30
`Champion - EX2011, Page 3 of 133
`Generac Power Systems, Inc. et al v. Champion Power Equip., Inc.
`IPR2025-01099
`
`
`
`
`
`
`
`ANSW
`ER: This paragraph contains a legal conclusion to which no response is required. The
`paragraph speaks for itself. Otherwise denied.
`8. This Court has personal jurisdiction over Generac because Generac has committed
`acts of patent infringement within the State of Wisconsin giving rise to this action. Generac also
`has manufacturing facilities in the State of Wisconsin. Further, Generac’s headquarters is located
`in Wisconsin. Generac’s electronic commerce advertisements, offers for sale, sales, and physical
`location have established at least minimum contacts with the forum such that the exercise of
`jurisdiction over it would not offend traditional notions of fair play and substantial justice.
`ANSWER: Generac does not contest personal jurisdiction at this time. Generac specifically
`denies it has committed patent infringement. The remainder of this paragraph contains a legal
`conclusion to which no response is required. Otherwise denied.
`9. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(a), 1391(b)
`1391(c), and 1400(b) for at least the reasons that (1) Generac resides in this district and (2) Generac
`has committed acts within this district giving rise to this action a nd does business in this district,
`including sales, offers for sale, and providing service and/or support to its customers in this district.
`ANSWER: Generac does not contest venue at this time. Generac specifically denies it has
`committed patent infringement. The remainder of this paragraph contains a legal conclusion to
`which no response is required. Otherwise denied.
`COUNT I: [NON-]INFRINGEMENT OF U.S. PATENT NO. 10,221,780
`10. Paragraphs 1 through 9 are incorporated by reference as if fully set forth herein.
`ANSWER: No response is required. To the extent a response is required, Generac incorporates
`its responses to the allegations of paragraphs 1 through 9 as if set forth herein.
`11. U.S. Patent No. 10,221,780 is titled “DUAL FUEL LOCKOUT SWITCH FOR
`GENERATOR ENGINE.” U.S. Patent No. 10,221,780 was duly and legally issued on March 5,
`2019. A true and correct copy of U.S. Patent No. 10,221,780 is attached as Exhibit A.
`ANSWER: Exhibit A speaks for itself. Otherwise denied.
`12. Champion is the lawful assignee of the entire right, title, and interest in and to U.S.
`Patent No. 10,221,780 and possesses all rights of recovery under the patent, including the right to
`recover damages for past infringement.
`Case 2:24-cv-01281-LA Filed 05/15/25 Page 4 of 133 Document 30
`Champion - EX2011, Page 4 of 133
`Generac Power Systems, Inc. et al v. Champion Power Equip., Inc.
`IPR2025-01099
`
`
`
`
`
`
`
`ANSW
`ER: Generac is without information to admit or deny the allegations of this paragraph
`and therefore denies the same.
`13. Champion has acquired and inspected the following Generac/Powermate generator
`models that Generac has been and is making, using, selling, or offering for sale within the United
`States, or importing into the United States, and that infringe one or more claims of U.S. Patent No.
`10,221,780:
`a. Powermate Model PM4500DF, a multi- fuel generator;
`b. Powermate Model PM7500DF, a multi- fuel generator;
`c. Generac Model GP7500E, a multi-fuel generator; and
`d. Powermate Model DF3500E, a multi-fuel generator.
`ANSWER: Generac admits that it has made, used, sold, offered for sale, or imported
`Powermate Model PM4500DF, Powermate Model PM7500DF, Generac Model GP7500E, and
`Powermate Model DF3500E. Generac specifically denies that any such activity infringes U.S.
`Patent. No. 10,221,780 (“the ’780 Patent”) . Generac is without information to admit or deny the
`remaining allegations of this paragraph and therefore denies the same.
`14. Upon acquisition, disassembly as needed, review of owner’s manuals and electrical
`schematics, and inspection, it was determined that each of the foregoing Generac generator models
`include all of the elements of at least claims 1, 2, 6-9, 11, 14 and 15 of U.S. Patent No. 10,221,780.
`Each of the foregoing Generac generator models infringes:
`a. Independent claim 1 by specifically including a mechanical fuel lockout
`switch for a dual fuel engine having a mechanical fuel valve actuateable
`between a first position and a second position to selectively control fuel
`flow to the dual fuel engine from a first fuel source through a first fuel line
`and a second fuel source through a second fuel line and a fuel lockout
`apparatus coupled to the mechanical fuel valve, wherein the mechanical fuel
`lockout switch communicates the first fuel source to the dual fuel engine
`and prevents communication between the second fuel source and the dual
`fuel engine when the mechanical fuel valve is in the first position and
`communicates the second fuel source to the dual fuel engine and interrupts
`the first fuel source comm unication with the dual fuel engine when in the
`second position and wherein the fuel lockout apparatus is configured to
`prevent the second fuel source from coupling to the second fuel line while
`the mechanical fuel valve is in the first position and permit the second fuel
`source to couple to the second fuel line while the mechanical fuel valve is
`in the second position, as called for in claim 1 of U.S. Patent No.
`10,221,780.
`Case 2:24-cv-01281-LA Filed 05/15/25 Page 5 of 133 Document 30
`Champion - EX2011, Page 5 of 133
`Generac Power Systems, Inc. et al v. Champion Power Equip., Inc.
`IPR2025-01099
`
`
`
`
`
`
`
`b. De
`pendent claim 2 by specifically including all the aforementioned
`elements of claim 1 and, in addition, the fuel lockout apparatus prevents
`actuation of the mechanical fuel valve to the first position when the second
`fuel source communicates with the dual fuel engine, as called for in claim
`2 of U.S. Patent No. 10,221,780.
`c. Dependent claim 6 by specifically including all the aforementioned
`elements of claim 1 and, in addition, the mechanical fuel valve and the fuel
`lockout apparatus operate together to ensure that fuel from the first fuel
`source and fuel from the second fuel source are not simultaneously
`delivered to the dual fuel engine, as called for in claim 6 of U.S. Patent No.
`10,221,780.
`d. Dependent claim 7 by specifically including all the aforementioned
`elements of claim 6 and, in addition, the first fuel source provides liquid
`fuel from a liquid fuel tank to the dual fuel engine and the second fuel source
`provides gaseous fuel from a pressurized fuel container to the dual fuel
`engine, as called for in claim 7 of U.S. Patent No. 10,221,780.
`e. Independent claim 8 by specifically including a mechanical fuel lockout
`switch for an internal combustion engine, the mechanical fuel lockout being
`assembled by providing an internal combustion engine configured to
`operate on a fuel from a first fuel source and a different fuel from a second
`fuel source, coupling a mechanical fuel valve to the internal combustion
`engine actuateable between a first position and a second position to
`selectively control fuel flow to the internal combustion engine from the first
`fuel source through a first fuel line and the second fuel source through a
`second fuel line, and coupling a fuel lockout apparatus to the mechanical
`fuel valve, wherein the fuel lockout apparatus prevents actuation of the
`mechanical fuel valve to the first position when the second fuel source is
`coupled to the internal combustion engine, as called for in claim 8 of U.S.
`Patent No. 10,221,780.
`f. Dependent claim 9 by specifically including all the aforementioned
`elements of claim 8 and, in addition, the fuel lockout apparatus is further
`configured to prevent coupling of the second fuel source to the second fuel
`line while the mechanical fuel valve is in the first position and to permit
`coupling of the second fuel source to the second fuel line while the
`mechanical fuel valve is in the second position, as called for in claim 9 of
`U.S. Patent No. 10,221,780.
`g. Dependent claim 11 by specifically including all the aforementioned
`elements of claim 8 and, in addition, the mechanical fuel lockout switch is
`assembled by coupling a fuel regulator system to the second fuel source to
`reduce fuel pressure therefrom and deliver fuel to the second fuel line at a
`pressure required for operation of the internal combustion engine, as called
`for in claim 11 of U.S. Patent No. 10,221,780.
`h. Dependent claim 14 by specifically including all the aforementioned
`elements of claim 8 and, in addition, the mechanical fuel lockout switch is
`Case 2:24-cv-01281-LA Filed 05/15/25 Page 6 of 133 Document 30
`Champion - EX2011, Page 6 of 133
`Generac Power Systems, Inc. et al v. Champion Power Equip., Inc.
`IPR2025-01099
`
`
`
`
`
`
`
`as
`sembled by providing gasoline in a liquid fuel tank as the first fuel source
`and a liquefied petroleum gas (LPG) in a pressurized fuel container as the
`second fuel source, as called for in claim 14 of U.S. Patent No. 10,221,780.
`i. Independent claim 15 by specifically including a mechanical fuel lockout
`switch for a dual fuel engine having a mechanical fuel valve actuateable
`between a first position and a second position to selectively control fuel
`flow to the dual fuel engine from a first fuel source through a first fuel line
`and a second fuel source through a second fuel line and a fuel lockout
`apparatus coupled to the mechanical fuel valve, wherein the mechanical fuel
`lockout switch communicates the first fuel source to the dual fuel engine
`and prevents communication between the second fuel source and the dual
`fuel engine when the mechanical fuel valve is in the first position and
`communicates the second fuel source to the dual fuel engine and interrupts
`the first fuel source com munication with the dual fuel engine when in the
`second position and wherein the fuel lockout apparatus prevents actuation
`of the mechanical fuel valve to the first position when the second fuel source
`communicates with the dual fuel engine.
`Therefore, each of the foregoing Generac generator models listed in Paragraph 13(a)-(d) infringes
`at least claims 1, 2, 6-9, 11, 14 and 15 of U.S. Patent No. 10,221,780.
`ANSWER: Denied.
`15. Upon information and belief, Generac has been and is now making, using, selling,
`or offering for sale within the United States, or importing into the United States, the following
`additional generator model: Powermate Model DF7500E, a multi-fuel portable generator.
`ANSWER: Generac admits that it has made, used, sold, offered for sale, or imported
`Powermate Model DF7500E. Otherwise denied.
`16. Upon review of the owner’s manual of the Powermate Model DF7500E generator
`shared with the Powermate Model DF3500E generator, review of images and electrical schematics
`of the Powermate Model DF7500E generator, and comparison of the images and electrical
`schematics of the Powermate Model DF7500E generator to images and electrical schematics of
`the Powermate Model DF3500E generator listed in Paragraph 13(d), it was determined that the
`Powermate Model DF7500E generator includes all of the elements of at least claims 1, 2, 6-9, 11,
`14 and 15 of U.S. Patent No. 10,221,780. The Powermate Model DF7500E generator infringes:
`a. Independent claim 1 by specifically including a mechanical fuel lockout
`switch for a dual fuel engine having a mechanical fuel valve actuateable
`between a first position and a second position to selectively control fuel flow
`to the dual fuel engine from a first fuel source through a first fuel line and a
`second fuel source through a second fuel line and a fuel lockout apparatus
`coupled to the mechanical fuel valve, wherein the mechanical fuel lockout
`switch communicates the first fuel source to the dual fuel engine and
`prevents communication between the second fuel source and the dual fuel
`Case 2:24-cv-01281-LA Filed 05/15/25 Page 7 of 133 Document 30
`Champion - EX2011, Page 7 of 133
`Generac Power Systems, Inc. et al v. Champion Power Equip., Inc.
`IPR2025-01099
`
`
`
`
`
`
`
`en
`gine when the mechanical fuel valve is in the first position and
`communicates the second fuel source to the dual fuel engine and interrupts
`the first fuel source communication with the dual fuel engine when in the
`second position and wherein the fuel lockout apparatus is configured to
`prevent the second fuel source from coupling to the second fuel line while
`the mechanical fuel valve is in the first position and permit the second fuel
`source to couple to the second fuel line while the mechanical fuel valve is in
`the second position, as called for in claim 1 of U.S. Patent No. 10,221,780.
`b. Dependent claim 2 by specifically including all the aforementioned elements
`of claim 1 and, in addition, the fuel lockout apparatus prevents actuation of
`the mechanical fuel valve to the first position when the second fuel source
`communicates with the dual fuel engine, as called for in claim 2 of U.S.
`Patent No. 10,221,780.
`c. Dependent claim 6 by specifically including all the aforementioned elements
`of claim 1 and, in addition, the mechanical fuel valve and the fuel lockout
`apparatus operate together to ensure that fuel from the first fuel source and
`fuel from the second fuel source are not simultaneously delivered to the dual
`fuel engine, as called for in claim 6 of U.S. Patent No. 10,221,780.
`d. Dependent claim 7 by specifically including all the aforementioned elements
`of claim 6 and, in addition, the first fuel source provides liquid fuel from a
`liquid fuel tank to the dual fuel engine and the second fuel source provides
`gaseous fuel from a pressurized fuel container to the dual fuel engine, as
`called for in claim 7 of U.S. Patent No. 10,221,780.
`e. Independent claim 8 by specifically including a mechanical fuel lockout
`switch for an internal combustion engine, the mechanical fuel lockout being
`assembled by providing an internal combustion engine configured to operate
`on a fuel from a first fuel sourc e and a different fuel from a second fuel
`source, coupling a mechanical fuel valve to the internal combustion engine
`actuateable between a first position and a second position to selectively
`control fuel flow to the internal combustion engine from the first fuel source
`through a first fuel line and the second fuel source through a second fuel line,
`and coupling a fuel lockout apparatus to the mechanical fuel valve, wherein
`the fuel lockout apparatus prevents actuation of the mechanical fuel valve to
`the first position when the second fuel source is coupled to the internal
`combustion engine, as called for in claim 8 of U.S. Patent No. 10,221,780.
`f. Dependent claim 9 by specifically including all the aforementioned elements
`of claim 8 and, in addition, the fuel lockout apparatus is further configured
`to prevent coupling of the second fuel source to the second fuel line while
`the mechanical fuel valve is in the first position and to permit coupling of
`the second fuel source to the second fuel line while the mechanical fuel valve
`is in the second position, as called for in claim 9 of U.S. Patent No.
`10,221,780.
`g. Dependent claim 11 by specifically including all the aforementioned
`elements of claim 8 and, in addition, the mechanical fuel lockout switch is
`Case 2:24-cv-01281-LA Filed 05/15/25 Page 8 of 133 Document 30
`Champion - EX2011, Page 8 of 133
`Generac Power Systems, Inc. et al v. Champion Power Equip., Inc.
`IPR2025-01099
`
`
`
`
`
`
`
`as
`sembled by coupling a fuel regulator system to the second fuel source to
`reduce fuel pressure therefrom and deliver fuel to the second fuel line at a
`pressure required for operation of the internal combustion engine, as called
`for in claim 11 of U.S. Patent No. 10,221,780.
`h. Dependent claim 14 by specifically including all the aforementioned
`elements of claim 8 and, in addition, the mechanical fuel lockout switch is
`assembled by providing gasoline in a liquid fuel tank as the first fuel source
`and a liquefied petroleum gas (LP G) in a pressurized fuel container as the
`second fuel source, as called for in claim 14 of U.S. Patent No. 10,221,780.
`i. Independent claim 15 by specifically including a mechanical fuel lockout
`switch for a dual fuel engine having a mechanical fuel valve actuateable
`between a first position and a second position to selectively control fuel flow
`to the dual fuel engine from a first fuel source through a first fuel line and a
`second fuel source through a second fuel line and a fuel lockout apparatus
`coupled to the mechanical fuel valve, wherein the mechanical fuel lockout
`switch communicates the first fuel source to the dual fuel engine and
`prevents communication between the second fuel source and the dual fuel
`engine when the mechanical fuel valve is in the first position and
`communicates the second fuel source to the dual fuel engine and interrupts
`the first fuel source co mmunication with the dual fuel engine when in the
`second position and wherein the fuel lockout apparatus prevents actuation of
`the mechanical fuel valve to the first position when the second fuel source
`communicates with the dual fuel engine.
`Therefore, Generac’s Powermate Model DF7500E generator listed in Paragraph 15 infringes at
`least claims 1, 2, 6-9, 11, 14 and 15 of U.S. Patent No. 10,221,780.
`ANSWER: Denied.
`17. Champion has no adequate remedy at law against Generac’s acts of infringement
`and will suffer irreparable harm unless Generac is preliminarily and permanently enjoined from
`its infringement of U.S. Patent No. 10,221,780.
`ANSWER: Denied.
`18. Upon information and belief, Generac’s infringement has been willful, deliberate,
`and with knowledge of Champion’s rights under U.S. Patent No. 10,221,780.
`ANSWER: Denied.
`19. Upon information and belief, at least as of July 7, 2020, and again on April 4, 2024,
`the dates Champion sent Generac cease and desist letters demanding the cessation of infringement
`by Generac of Champion’s patents, Generac has monitored Champion’s patents and published
`patent applications and had actual notice of all of Champion's patents and published patent
`applications as of their publication dates.
`Case 2:24-cv-01281-LA Filed 05/15/25 Page 9 of 133 Document 30
`Champion - EX2011, Page 9 of 133
`Generac Power Systems, Inc. et al v. Champion Power Equip., Inc.
`IPR2025-01099
`
`
`
`
`
`
`
`ANSW
`ER: Generac admits that Champion sent Generac letters dated July 7, 2020, and April
`4, 2024. To the extent this paragraph implies that the July 7, 2020, and April 4, 2024, letters
`included a demand to cease infringement of the ’780 Patent, Generac denies the same. Otherwise
`denied.
`20. Generac, by way of its infringing activity, has caused and continues to cause
`Champion to suffer damages in an amount to be determined at trial.
`ANSWER: Denied.
`COUNT II: [NON-]INFRINGEMENT OF U.S. PATENT NO. 10,598,101
`21. Paragraphs 1 through 20 are incorporated by reference as if fully set forth herein.
`ANSWER: No response is required. To the extent a response is required, Generac incorporates
`its responses to the allegations of paragraphs 1 through 20 as if set forth herein.
`22. U.S. Patent No. 10,598,101 is titled “DUAL FUEL SELECTOR SWITCH.” U.S
`Patent No. 10,598,101 was duly and legally issued on March 24, 2020. A true and correct copy of
`U.S. Patent No. 10,598,101 is attached as Exhibit B.
`ANSWER: Exhibit B speaks for itself. Otherwise denied.
`23. Champion is the lawful assignee of the entire right, title, and interest in and to U.S.
`Patent No. 10,598,101 and possesses all rights of recovery under the patent, including the right to
`recover damages for past infringement.
`ANSWER: Generac is without information to admit or deny the allegations of this paragraph
`and therefore denies the same.
`24. Champion has acquired and inspected the following Generac generator models that
`Generac has been and is making, using, selling, or offering for sale within the United States, or
`importing into the United States, and that infringe one or more claims of U.S. Patent No.
`10,598,101:
`a. Powermate Model PM4500DF, a multi-fuel portable generator;
`b. Powermate Model PM7500DF, a multi-fuel portable generator;
`c. Generac Model GP7500E, a multi- fuel portable generator; and
`d. Powermate Model DF3500E, a multi-fuel portable generator.
`Case 2:24-cv-01281-LA Filed 05/15/25 Page 10 of 133 Document 30
`Champion - EX2011, Page 10 of 133
`Generac Power Systems, Inc. et al v. Champion Power Equip., Inc.
`IPR2025-01099
`
`
`
`
`
`
`
`ANSW
`ER: Generac admits that it has made, used , sold, offered for sale, or imported
`Powermate Model PM4500DF, Powermate Model PM7500DF, Generac Model GP7500E, and
`Powermate Model DF3500E. Generac specifically denies that any such activity infringes U.S.
`Patent. No. 10,598,101 (“the ’101 Patent”). Generac is without information to admit or deny the
`remaining allegations of this paragraph and therefore denies the same.
`25. Upon acquisition, disassembly as needed, review of owner’s manuals and electrical
`schematics, and inspection, it was determined that each of the foregoing Generac generator models
`includes all of the elements of at least claims 1, 2, 8, 9, 18, and 19 of U.S. Patent No. 10,598,101.
`Each of the foregoing Generac generator models infringes:
`a. Independent claim 1 by specifically including a fuel selector for use with a
`dual fuel generator, the fuel selector comprising: a valve assembly fluidly
`connected to each of a first fuel source and a second fuel source, the valve
`assembly being operable to selectively control a first fuel flow and a second
`fuel flow from the first fuel source and the second fuel source, respectively,
`to an engine of the dual fuel generator; and a selector switch positioned on
`the valve assembly to allow a user to manuall y select one of the first fuel
`flow and the second fuel flow; wherein the valve assembly comprises: a
`first fuel valve having open and closed positions to selectively control the
`first fuel flow to the engine; and a second fuel valve having open and closed
`positions to selectively control the second fuel flow to the engine; and
`wherein the first fuel valve and the second fuel valve are mechanical valves,
`as called for in claim 1 of U.S. Patent No. 10,598,101.
`b. Dependent claim 2 by specifically including all the aforementioned
`elements of claim 1 and, in addition, wherein the selector switch provides
`for manual actuation of the first fuel valve and the second fuel valve
`between the open and closed positions, as called for in claim 2 of U.S. Patent
`No. 10,598,101.
`c. Dependent claim 8 by specifically including all the aforementioned
`elements of claim 1 and, in addition, wherein the first fuel valve is attached
`to a liquefied petroleum gas (LPG) fuel source and wherein the second fuel
`valve is attached to a gasoline source, as called for in claim 8 of U.S. Patent
`No. 10,598,101.
`d. Dependent claim 9 by specifically including all the aforementioned
`elements of claim 1 and, in addition, wherein the mechanical valve of each
`of the first fuel valve and the second fuel valve is a non- solenoid valve, as
`called for in claim 9 of U.S. Patent No. 10,598,101.
`e. Independent claim 18 by specifically including a fuel selector for use with
`a dual fuel generator, the fuel selector comprising: a valve assembly fluidly
`connected to each of a first fuel source and a second fuel source, the valve
`Case 2:24-cv-01281-LA Filed 05/15/25 Page 11 of 133 Document 30
`Champion - EX2011, Page 11 of 133
`Generac Power Systems, Inc. et al v. Champion Power Equip., Inc.
`IPR2025-01099
`
`
`
`
`
`
`
`as
`sembly being operable to selectively control a first fuel flow and a second
`fuel flow from the first fuel source and the second fuel source, respectively,
`to an engine of the dual fuel generator; and a selector switch positioned on
`the valve assembly to allow a user to manually select one of the first fuel
`flow and the second fuel flow; wherein the valve assembly comprises: two
`fuel inputs, with a first fuel input connected to the first fuel source and a
`second fuel input connected to the second fuel source; and two fuel outputs
`supplying fuel from only one of the first fuel source or the second fuel
`source, wherein the valve assembly comprises a first fuel valve having open
`and closed positions to selectively control the first fuel flow to the engine;
`and a second fuel valve having open and closed positions to selectively
`control the second fuel flow to the engine, as called for in claim 18 of U.S.
`Patent No. 10,598,101.
`f. Dependent claim 19 by specifically including all the aforementioned
`elements of claim 18 and, in addition, wherein the first fuel valve and the
`second fuel valve are non-solenoid, mechanical valves, as called for in claim
`19 of U.S. Patent No. 10,598,101.
`Therefore, each of the foregoing Generac generator models listed in Paragraph 24(a)-(d) infringes
`at least claims 1, 2, 8, 9, 18, and 19 of U.S. Patent No. 10,598,101.
`ANSWER: Denied.
`26. Upon information and belief, Generac has been and is now making, using, selling,
`or offering for sale within the United States, or importing into the United States, the following
`additional generator model: Powermate Model DF7500E, a multi-fuel portable generator.
`ANSWER: Generac admits that it has made, used, sold, offered for sale, or imported
`Powermate Model DF7500E. Otherwise denied.
`27. Upon review of the owner’s manual of the Powermate Model DF7500E generator
`shared with the Powermate Model DF3500E generator, review of images and electrical schematics
`of the Powermate Model DF7500E generator, and comparison of the images and electrical
`schematics of the Powermate Model DF7500E generator to images and electrical schematics of
`the Powermate Model DF3500E generator listed in Paragraph 24(d), it was determined that the
`Powermate Model DF7500E generator includes all of the elements of at least claims 1, 2, 8, 9, 18,
`and 19 of U.S. Patent No. 10,598,101. The Powermate Model DF7500E generator infringes:
`a. Independent claim 1 by specifically including a fuel selector for use with a
`dual fuel generator, the fuel selector comprising: a valve assembly fluidly
`connected to each of a first fuel source and a second fuel source, the valve
`assembly being operable to selectively control a first fuel flow and a second
`fuel flow from the first fuel source and the second fuel source, respectively,
`to an engine of the dual fuel generator; and a selector switch positioned on
`the valve assembly to allow a user to manually s elect one of the first fuel
`flow and the second fuel flow; wherein the valve assembly comprises: a
`Case 2:24-cv-01281-LA Filed 05/15/25 Page 12 of 133 Document 30
`Champion - EX2011, Page 12 of 133
`Generac Power Systems, Inc. et al v. Champion Power Equip., Inc.
`IPR2025-01099
`
`
`
`
`
`
`
`fi
`rst fuel valve having open and closed positions to selectively c