Veer Gear LLC v. Memm LLC

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: Veer Gear LLC (Georgia)
  • Defendant: MEMM, LLC d/b/a BOMBI GEAR (Rhode Island)
  • Plaintiff's Counsel: Adler Pollock & Sheehan P.C.
• Case Identification: 1:26-cv-00285, D.R.I., 05/06/2026
• Venue Allegations: Venue is alleged to be proper in the District of Rhode Island because the Defendant has its principal place of business in the district, has committed alleged acts of infringement there, and a substantial part of the events giving rise to the claims occurred in the district.
• Core Dispute: Plaintiff alleges that Defendant's "Waggle Wagon" product infringes five U.S. patents related to innovative features for collapsible, all-terrain stroller-wagon crossovers.
• Technical Context: The technology pertains to the consumer market for children's wagons, specifically focusing on mechanical improvements that enhance safety, portability, and ease of use, such as collapsible walls, footwells, and locking mechanisms.
• Key Procedural History: The complaint does not mention any prior litigation, Inter Partes Review (IPR) proceedings, or licensing history related to the patents-in-suit. The allegations are based on direct infringement, with willfulness asserted based on alleged pre-suit and post-suit knowledge.

Case Timeline

Date	Event
2013-09-12	Priority Date for '663 and '445 Patents
2016-01-26	U.S. Patent No. 9,242,663 Issued
2016-03-08	Priority Date for '857, '460, and '399 Patents
2016-06-07	U.S. Patent No. 9,358,445 Issued
2019-12-17	U.S. Patent No. 10,507,857 Issued
2021-12-14	U.S. Patent No. 11,198,460 Issued
2023-09-19	U.S. Patent No. 11,760,399 Issued
2026-05-06	Complaint Filed

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 9,242,663

• Patent Identification: U.S. Patent No. 9,242,663, titled "Wagon with Minimized-Play Collapsible Wall," issued on January 26, 2016 Compl. ¶14

The Invention Explained

• Problem Addressed: The patent's background notes that conventional collapsible wagons with pivotal walls often have "play" or "wiggling" when latched in their upright positions, which can compromise structural integrity '663 Patent, col. 1:35-39
• The Patented Solution: The invention introduces a "minimized-play feature" that creates a tensioned, tight fit between collapsible walls '663 Patent, abstract As a movable wall pivots into its upright use position, a ramped surface on one wall interferes with and slidingly engages an adjacent wall, causing one of the walls to resiliently deflect laterally. This deflection generates a compression force that holds the two walls "tightly together under pressure to prevent wiggling relative to each other" once they are in the use position '663 Patent, col. 12:5-42
• Technical Importance: This approach aimed to increase the structural robustness and perceived quality of collapsible wagons, making them feel more solid and secure during use.

Key Claims at a Glance

• The complaint asserts independent claim 1 Compl. ¶36 Compl. ¶37
• Key elements of claim 1 include:
  • A wagon with a base and at least first and second walls, with the second wall being movable between an upright use position and a collapsed storage position.
  • A "minimized-play feature" comprising at least one "ramped surface," an "interference" between the walls, and a "resilient deflection feature" of the first wall.
  • The functional requirement that as the second wall moves to the use position, the interference and ramped surface cause the first wall to be "resiliently displaced" to provide clearance, and this displacement "generates a compression force on the second wall in the upright use position" to hold the walls "tightly together under pressure."
• The complaint alleges infringement of "at least claim 1," reserving the right to assert other claims Compl. ¶37

U.S. Patent No. 9,358,445

• Patent Identification: U.S. Patent No. 9,358,445, titled "Wagon with Latch System for Collapsible Walls," issued on June 7, 2016 Compl. ¶17

The Invention Explained

• Problem Addressed: The patent identifies a need for improved latching systems for collapsible wagons that are "quick, easy, and reliable to use for folding and unfolding" '445 Patent, col. 1:53-55
• The Patented Solution: The patent describes a "gang-operated latch system" where a single actuator on a first wall is operably coupled to two separate latches positioned at opposite ends of that wall '445 Patent, abstract Operating the single actuator moves both latches "simultaneously" from a locked to an unlocked position, releasing the first wall from two adjacent walls at once and simplifying the folding process '445 Patent, col. 12:43-52
• Technical Importance: This innovation streamlines the user experience by allowing a user to unlatch one side of the wagon's container with a single action, rather than requiring multiple, separate unlatching steps.

Key Claims at a Glance

• The complaint asserts independent claim 16 Compl. ¶48 Compl. ¶49
• Key elements of claim 16 include:
  • A collapsible wagon with a base, wheels, and at least three pivotal peripheral walls.
  • A latch system to secure a first wall to adjacent second and third walls.
  • The system includes "first and second latches and an actuator," with each latch comprising a "plunger" and a "receiver."
  • The plungers are positioned at "opposite ends of the first wall," and the actuator is positioned "on the first wall between the plungers."
  • The functional requirement that "operation of the actuator moves the plungers... so that both the first and second latches are unlocked simultaneously."
• The complaint alleges infringement of "at least claim 16," reserving the right to assert other claims Compl. ¶49

U.S. Patent No. 10,507,857

• Patent Identification: U.S. Patent No. 10,507,857, titled "Wagon with Collapsible Footwell and Position-Locking Handle," issued on December 17, 2019 Compl. ¶20
• Technology Synopsis: This patent addresses the need for improved features in multi-purpose consumer wagons by introducing a collapsible footwell and a position-locking handle '857 Patent, background, col. 1:21-36 The collapsible footwell provides an ergonomic space for seated children's feet that can be retracted for more compact storage, while the locking handle enhances user control and convenience '857 Patent, summary, col. 1:40-54
• Asserted Claims: Independent claim 12 is asserted Compl. ¶61
• Accused Features: The complaint alleges the Waggle Wagon infringes by including a "collapsible footwell feature including a footrest and a plurality of upright elements" that is "repositionable into a plurality of orientations" Compl. ¶61e

U.S. Patent No. 11,198,460

• Patent Identification: U.S. Patent No. 11,198,460, titled "Wagon with Collapsible Footwell and Position-Locking Handle," issued on December 14, 2021 Compl. ¶23
• Technology Synopsis: As a continuation of the '857 patent, this invention also relates to a wagon with a collapsible footwell for improved ergonomics and compact storage '460 Patent, background, col. 1:16-24 The claims focus on the assembly of a sidewall and a bottom surface that together define a container, where the bottom surface itself comprises a footwell feature that can be positioned in an extended or a storage position '460 Patent, abstract
• Asserted Claims: Independent claim 1 is asserted Compl. ¶73
• Accused Features: The complaint alleges the Waggle Wagon infringes by having a bottom surface that "comprises a footwell feature positionable in an extended position and a storage position" Compl. ¶73e

U.S. Patent No. 11,760,399

• Patent Identification: U.S. Patent No. 11,760,399, titled "Wagon with Footwell and Handle," issued on September 19, 2023 Compl. ¶26
• Technology Synopsis: As a further continuation in the same family, this patent describes a wagon with both a footwell and a multi-position handle '399 Patent, background, col. 1:15-25 The invention focuses on a handle that is positionable in a first (locked) position and a second (pulling) position, featuring an "automatic handle lock mechanism" that automatically secures the handle in the first position '399 Patent, abstract
• Asserted Claims: Independent claim 23 is asserted Compl. ¶85
• Accused Features: The complaint alleges the Waggle Wagon infringes by including a "handle positionable in a first position in which a handle lock mechanism locks the handle" and wherein the lock is an "automatic handle lock mechanism" Compl. ¶85f

III. The Accused Instrumentality

• Product Identification: The accused product is the "Waggle Wagon" sold by Defendant Bombi Gear Compl. ¶1
• Functionality and Market Context: The complaint characterizes the Waggle Wagon as a "knock-off of Veer Gear's patented Cruiser Wagons" Compl. ¶29 The complaint provides an image of the accused "Waggle Wagon" from a front-side perspective, showing its general configuration with four wheels, a handle, and a main body for carrying cargo or children Compl. ¶31 Based on the infringement allegations, the accused product is a collapsible consumer wagon that allegedly incorporates a wall-tightening feature Compl. ¶37d, a simultaneous-release latch system Compl. ¶49d, a collapsible footwell Compl. ¶61e Compl. ¶73e, and a position-locking handle Compl. ¶85f The product is allegedly advertised and sold through Defendant's website Compl. ¶30

IV. Analysis of Infringement Allegations

'663 Patent Infringement Allegations

Claim Element (from Independent Claim 1)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
a wagon for cargo	The Waggle Wagon is a wagon for cargo.	¶37a	col. 1:15-18
a base	The Waggle Wagon includes a base.	¶37b	col. 4:3-4
at least first and second walls that extend generally upright from the base in a use position to help hold the cargo, wherein the second wall is movably mounted to the base and moves relative to the base between the upright use position and a storage position collapsed into a compact arrangement	The Waggle Wagon includes at least first and second walls that extend generally upright from the base in a use position, with the second wall being movable between an upright use position and a collapsed storage position.	¶37c	col. 4:4-10
a minimized-play feature including at least one ramped surface on one of the first and second walls, an interference between the first and second walls, and a resilient deflection feature of the first wall, wherein when the second wall is moved from the collapsed storage position toward the upright use position... the first wall is resiliently displaced generally laterally... and the resilient displacement of the first wall generates a compression force on the second wall in the upright use position so that the first and second walls are held together tightly under pressure to prevent wiggling relative to each other.	The Waggle Wagon includes a minimized-play feature where, as the second wall moves to the upright position, the walls interfere, a ramped surface generates a lateral displacement force, the first wall is resiliently displaced to provide clearance, and this displacement generates a compression force holding the walls together tightly to prevent wiggling.	¶37d	col. 12:5-42

'445 Patent Infringement Allegations

Claim Element (from Independent Claim 16)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
A collapsible consumer-use wagon for cargo	The Waggle Wagon is a collapsible consumer-use wagon for cargo.	¶49a	col. 1:12-16
a base with a plurality of wheels mounted thereto	The Waggle Wagon includes a base with a plurality of wheels mounted thereto.	¶49b	col. 4:3-4
at least three peripheral walls that extend generally upright from the base in a use position to help hold the cargo, that are pivotally mounted to the base to pivot relative to the base between the upright use position and a folded position for storage, and that cooperate in the upright use position to form a container for holding the cargo	The Waggle Wagon includes at least three peripheral, pivotally mounted walls that cooperate to form a container.	¶49c	col. 4:4-10
a latch system adapted to releasably secure a first one of the pivotal walls to adjacent second and third ones of the pivotal walls... wherein the latch system includes first and second latches and an actuator operably coupled to the first and second latches... wherein the plungers are positioned at opposite ends of the first wall, the actuator is positioned on the first wall between the plungers... and wherein operation of the actuator moves the plungers from the locked position to the unlocked position so that both the first and second latches are unlocked simultaneously by operation of the actuator to release the first wall...	The Waggle Wagon includes a latch system with first and second latches and an actuator. The actuator is positioned on the first wall between plungers at opposite ends. Operation of the actuator is alleged to move the plungers to unlock both latches simultaneously.	¶49d	col. 6:11-37

Identified Points of Contention

• '663 Patent: A central technical question will be whether the interaction between the Waggle Wagon's walls performs the specific function recited in the claim. The analysis may focus on whether the accused mechanism merely locks the walls or if it generates the claimed "compression force" that results in the walls being "held together tightly under pressure to prevent wiggling."
• '445 Patent: The infringement analysis will likely turn on the term "simultaneously." The court may need to determine if the accused product's actuator releases both latches at the exact same time, as the claim language requires, or if there is a sequential or independent release mechanism that falls outside the claim's scope.

V. Key Claim Terms for Construction

'663 Patent, Claim 1

• The Term: "generates a compression force... so that the first and second walls are held together tightly under pressure to prevent wiggling"
• Context and Importance: This phrase defines the specific functional outcome of the "minimized-play feature" and is the core of the asserted invention. Practitioners may focus on this term because it distinguishes the invention from a simple locking mechanism. The dispute will likely center on whether the accused product generates a measurable "compression force" that actively prevents "wiggling," or if it merely provides a static, latched connection.
• Intrinsic Evidence for Interpretation:
  • Evidence for a Broader Interpretation: The summary describes the goal more generally as providing "structural integrity" '663 Patent, col. 1:53, which could be argued to encompass any feature that reduces play, not just one based on a specific type of force.
  • Evidence for a Narrower Interpretation: The detailed description is specific, stating that the "resilient displacement of the first wall generates a compression force on the second wall" '663 Patent, col. 12:38-40 This language, along with figures showing the resilient deflection (e.g.,'663 Patent, FIG. 31), may support an interpretation requiring an active, stored-energy force rather than just a tight fit.

'445 Patent, Claim 16

• The Term: "unlocked simultaneously"
• Context and Importance: This term is critical because it defines the "gang-operated" nature of the latch system. The case may turn on whether "simultaneously" requires an instantaneous mechanical event or if it can be interpreted more broadly as a single user action causing a functionally concurrent result.
• Intrinsic Evidence for Interpretation:
  • Evidence for a Broader Interpretation: The patent's summary emphasizes that the system is "quick, easy, and reliable" '445 Patent, col. 1:54-55 This could be used to argue that the key inventive concept is the single-action user experience, allowing for minor mechanical delays that are imperceptible to the user.
  • Evidence for a Narrower Interpretation: The detailed description repeatedly uses the specific term "simultaneously" when describing the unlocking of the first and second latches '445 Patent, col. 12:47-49 The embodiment shown, which uses a single actuator connected to two plungers, mechanically supports a literal, simultaneous release, which may be used to argue for a strict construction.

VI. Other Allegations

• Indirect Infringement: The complaint alleges infringement "directly or indirectly" for each asserted patent Compl. ¶36 Compl. ¶48 Compl. ¶60 Compl. ¶72 Compl. ¶84 However, it does not plead specific facts to support the knowledge and intent elements required for claims of induced or contributory infringement, such as references to user manuals or the sale of non-staple components.
• Willful Infringement: Willfulness is alleged for all five patents-in-suit. The allegations are based on both post-suit knowledge via the filing of the complaint Compl. ¶42 Compl. ¶54 Compl. ¶66 Compl. ¶78 Compl. ¶90 and, "upon information and belief," pre-suit knowledge dating back to "as early as during the design of the Waggle Wagon" Compl. ¶43 Compl. ¶55 Compl. ¶67 Compl. ¶79 Compl. ¶91

VII. Analyst's Conclusion: Key Questions for the Case

• Functional Equivalence vs. Literal Infringement: A core evidentiary question will be one of functional specificity. For the '663 patent, does the accused product's wall-mating mechanism create the specific, claimed "compression force" to prevent wiggling, or does it achieve stability through a different, non-infringing mechanical means? The case may depend on expert testimony and testing to determine if the accused product literally meets this functional limitation.
• Claim Construction and Operational Reality: For the '445 patent, the dispute may center on the definitional scope of the term "simultaneously." The court's construction of this single word could be dispositive. A narrow, literal interpretation may provide a clear path for the defendant to argue non-infringement if its mechanism has any sequential delay, however slight.
• Patent Thicket Strategy: The assertion of five related patents covering distinct features (wall stability, latching, footwells, handle locks) raises a strategic question about the viability of a design-around. A central issue will be whether the combination of these patented features is so integral to the commercial viability of a modern stroller-wagon that the defendant cannot realistically design a competitive, non-infringing product, potentially increasing pressure for a settlement.