DCT
5:26-cv-00049
Altrus Capital Eco LP v. Firewater Ag LLC
Key Events
Complaint
Table of Contents
complaint Intelligence
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Green Lightning Solutions, LLC (Kentucky)
- Defendant: Firewater AG, LLC (Kentucky)
- Plaintiff’s Counsel: Dinsmore & Shohl LLP; Greenberg Traurig, LLP
- Case Identification: 5:26-cv-00049, E.D. Ky., 02/13/2026
- Venue Allegations: Venue is alleged to be proper in the Eastern District of Kentucky because Defendants reside in the district, a substantial part of the events occurred there, and Defendant Firewater resides in Kentucky and has made, used, offered to sell, or sold the accused systems within the district.
- Core Dispute: Plaintiff alleges that Defendant, a competing venture founded by a former manager, infringes a patent related to on-farm plasma fertilizer generation technology, in addition to committing trade secret misappropriation, false advertising, and breach of fiduciary duty.
- Technical Context: The technology involves using plasma reactors to convert atmospheric nitrogen and water into a nitrate-rich liquid fertilizer directly on a farm, aiming to reduce the cost and environmental footprint of traditional agricultural nitrogen.
- Key Procedural History: The complaint details an extensive business dispute preceding the litigation, alleging that a former manager of the Plaintiff company misappropriated proprietary technology, confidential business data, and marketing materials to launch the Defendant company as a direct competitor.
Case Timeline
| Date | Event |
|---|---|
| 2023-07-14 | ’803 Patent Priority Date (Filing Date) |
| 2024-04-01 | Plaintiff Green Lightning formed |
| 2025-06-24 | ’803 Patent Issued |
| 2025-07-28 | Defendant Firewater incorporated |
| 2026-02-13 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 12,338,803 - "Apparatus for a Modular Plasma Reactor and Method of Use"
- Patent Identification: U.S. Patent No. 12,338,803, "Apparatus for a Modular Plasma Reactor and Method of Use," issued June 24, 2025 (the "’803 Patent").
The Invention Explained
- Problem Addressed: The patent notes that existing plasma reactors for agricultural applications, which aim to enhance seed germination and crop growth, often lack flexibility and are not cost-effective (ʼ803 Patent, col. 1:19-21).
- The Patented Solution: The invention is an apparatus for a modular plasma reactor system designed for on-farm use (ʼ803 Patent, col. 2:18-20). It uses a non-thermal plasma (NTP) to generate reactive oxygen and nitrogen species (RONS) from inputs like air and water, creating a nitrate-rich solution for fertilizing plants (ʼ803 Patent, col. 2:28-39). The core of the solution is its modularity, where key components like the ignition unit, injector, and reservoir are "removably connected," allowing for flexibility, easier maintenance, and potentially lower costs compared to monolithic systems (ʼ803 Patent, col. 2:20-28; '803 Patent, Fig. 1).
- Technical Importance: This modular approach to on-farm fertilizer production could allow for more scalable and serviceable systems, making advanced plasma-based agricultural technology more accessible to a wider range of farming operations (ʼ803 Patent, col. 1:19-21).
Key Claims at a Glance
- The complaint asserts independent claim 1 and reserves the right to assert additional claims (Compl. ¶141).
- Independent Claim 1 (Apparatus):
- a modular plasma reactor capable of generating a concentrated nitrogen solution for plant growth;
- a housing surrounding the plasma reactor;
- an ignition unit removably connected to the plasma reactor;
- one or more injectors removably connected to the modular plasma reactor in fluidic connection with at least one reservoir and further comprising one or more valves configured to monitor, control or otherwise regulate the flow of fluid to the plasma reactor;
- at least one reservoir removably connected to the injector;
- a condenser configured to collect reactive products generated from electric discharge within the modular plasma reactor placed between the electric discharge and a growth medium for the plant growth; and
- a controller communicatively connected to one or more of the ignition unit and the injector.
III. The Accused Instrumentality
Product Identification
- The accused product is Firewater’s "7-Thunders" system (Compl. ¶5).
Functionality and Market Context
- The 7-Thunders system is described as a "highly efficient unit with seven plasma reactors" designed to produce a "nitrogen-rich, highly energized solution" for farm use (Compl. ¶52). It allegedly "takes water and electricity and converts nitrogen and oxygen into plant-usable nitrogen" (Compl. ¶5).
- The complaint presents a screenshot from Firewater's website marketing the 7-Thunders system for sale at a price of $50,000 (Compl. ¶53; Compl. Fig. 1). The product's functionality is alleged to mirror the patented architecture, embodying each component of the asserted claim (Compl. ¶55).
IV. Analysis of Infringement Allegations
’803 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a modular plasma reactor capable of generating a concentrated nitrogen solution for plant growth | The 7-Thunders system uses seven plasma reactors, which the complaint alleges are removably connected modules, a design inherent for maintenance in a multi-reactor system. A marketing video allegedly shows these modular reactors (Compl. Fig. 2A). | ¶55(1) | col. 6:38-41 |
| a housing surrounding the plasma reactor | Marketing video evidence allegedly shows the 7-Thunders system enclosure being opened to reveal the plasma reactors situated inside, confirming a housing. This is depicted in a provided screenshot (Compl. Fig. 2A). | ¶55(2) | col. 3:24-33 |
| an ignition unit removably connected to the plasma reactor | The 7-Thunders system is alleged to use a gliding arc discharge between electrodes, which necessarily requires an ignition unit to supply the initial electrical voltage. A video screenshot allegedly shows this discharge (Compl. Fig. 2B). | ¶55(3) | col. 6:62-67 |
| one or more injectors removably connected to the modular plasma reactor in fluidic connection with at least one reservoir and further comprising one or more valves... | A marketing video allegedly shows a water delivery system with a water inlet coupled to a reservoir that delivers water to the plasma chambers. This system is alleged to be an injector with filters and valves to control fluid flow (Compl. Fig. 3; Compl. Fig. 4). | ¶55(4) | col. 9:60-65 |
| at least one reservoir removably connected to the injector | The accused system allegedly includes at least one container removably connected to the injector to hold fluid, as shown in marketing video stills (Compl. Fig. 4). | ¶55(5) | col. 11:55-56 |
| a condenser configured to collect reactive products... placed between the electric discharge and a growth medium for the plant growth | The complaint alleges a marketing video shows the system's output being drawn from a condenser outlet after plasma discharge, depicting the collection pathway. A screenshot identifies this condenser outlet (Compl. Fig. 3). | ¶55(6) | col. 29:3-6 |
| a controller communicatively connected to one or more of the ignition unit and the injector | The 7-Thunders system is alleged to necessarily have a controller to manage electrical discharge and water introduction. A video screenshot purportedly shows these controllers (Compl. Fig. 5). | ¶55(7) | col. 14:60-63 |
- Identified Points of Contention:
- Scope Questions: A central question may be whether the accused 7-Thunders system, which uses multiple reactors, meets the definition of "a modular plasma reactor" as defined in the patent. The dispute may focus on whether the individual reactors are "removably connected to other modules" in the manner claimed (’803 Patent, col. 6:38-41).
- Technical Questions: The infringement case, as pleaded, relies heavily on marketing videos. A key evidentiary question will be whether the components identified in these videos (e.g., the "condenser outlet" and "controllers") actually perform the specific functions and meet the structural requirements of the asserted claim (Compl. ¶¶55(6)-55(7)). For example, the claim requires the condenser to be "placed between the electric discharge and a growth medium," which may raise factual questions about the system's precise internal configuration and end use.
V. Key Claim Terms for Construction
The Term: "removably connected"
- Context and Importance: This term appears in the preamble and in multiple limitations of claim 1, defining the core modular nature of the invention. The infringement analysis for the ignition unit, injectors, and reservoir hinges on whether the connections in the 7-Thunders system meet this definition. Practitioners may focus on this term because the complaint dedicates a specific paragraph to defining it based on the patent's specification, signaling its perceived importance (Compl. ¶54).
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification provides a broad definition: "an ability for an object that is connected to another object to be disconnected from the other object without damaging or breaking said objects" (ʼ803 Patent, col. 5:42-45). This could be argued to cover any non-destructive connection.
- Evidence for a Narrower Interpretation: The specification provides a list of "non-limiting examples" including "threaded connections, plug-and-socket mates, pogo pin contacts, bayonet connections, snap-fit connections, latch connections, hose clamps," and even "welding, soldering, and adhesive bonding" that "permit disassembly and replacement... without damage" (ʼ803 Patent, col. 5:49-6:61). The inclusion of terms like welding and soldering, while qualified, might be used to argue about the intended level of ease and permanence of the connection.
The Term: "modular plasma reactor"
- Context and Importance: This term defines the primary element of the claimed apparatus. The infringement allegation rests on the idea that the accused system's use of seven individual reactors satisfies this limitation (Compl. ¶55(1)). The construction will determine if a multi-reactor design inherently meets the "modular" requirement.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification defines the term functionally as "a plasma reactor that can be removably connected to other modules" (ʼ803 Patent, col. 6:38-41). This could be interpreted to mean that the reactor itself is a single module within a larger modular system.
- Evidence for a Narrower Interpretation: The patent's title and summary emphasize the modularity of the reactor itself (ʼ803 Patent, title; ʼ803 Patent, col. 1:1-3). This could suggest that the reactor must have internal modular sub-components, not just be a module in a larger system.
VI. Other Allegations
- Indirect Infringement: The complaint alleges that Firewater induces infringement by advertising, selling, and instructing customers and distributors on how to use the accused 7-Thunders systems, with the specific intent that their use will infringe the ’803 Patent (Compl. ¶142).
- Willful Infringement: Willfulness is alleged based on Firewater having actual knowledge of the ’803 Patent and its infringement yet continuing its infringing activities (Compl. ¶143). The complaint further supports this by asserting that the "close mirroring of each limitation of claim 1" and the defendant founder's lack of technical capacity imply "deliberate copying" (Compl. ¶144).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of claim construction: does the term "modular" as applied to the plasma reactor require internal modularity, or is it satisfied by a system architecture where multiple, discrete reactors are assembled as modules? The resolution of this will significantly impact the infringement analysis.
- A second central question will be evidentiary: can the Plaintiff prove, based on marketing materials and any subsequent discovery, that the internal components of the 7-Thunders system perform the specific functions required by each claim element? The functionality of the alleged "condenser" and "controller" may become focal points of this factual dispute.
- Finally, the case presents a question of intent that is deeply intertwined with the non-patent allegations: does the evidence of the founder's prior relationship with the Plaintiff and the alleged "deliberate copying" of the technology support a finding of willful infringement, potentially leading to enhanced damages?
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