DCT

2:26-cv-00230

Bunker Hill Tech LLC v. Nissan Motor Co Ltd

Log In
Key Events
Amended Complaint
complaint Intelligence

I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:26-cv-00230, E.D. Tex., 09/24/2026
  • Venue Allegations: Plaintiff alleges that venue is proper in any judicial district because Defendant is a foreign corporation.
  • Core Dispute: Plaintiff alleges that Defendant’s electric and hybrid-electric vehicles infringe four U.S. patents related to vehicle-based power supply systems, intelligent energy management for route planning, and power system control logic.
  • Technical Context: The technologies at issue relate to electric vehicle (EV) power management, a critical area in the automotive industry focused on improving efficiency, range, and utility of EVs and hybrids.
  • Key Procedural History: The complaint alleges that Plaintiff’s licensing agent first contacted Defendant regarding a potential license on March 3, 2025, and subsequently provided infringement claim charts for the asserted patents in July and November 2025. The complaint also references a prior district court case, Falco v. Nissan North America Inc., which reportedly found evidence that Nissan North America serves as a "sales agent" for its Japanese parent company, Nissan Motor Co., Ltd.

Case Timeline

Date Event
2008-10-22 U.S. Patent No. 9,821,668 Priority Date
2008-12-02 U.S. Patent No. 7,960,857 Priority Date
2009-03-11 U.S. Patent No. 8,086,364 Priority Date
2009-08-31 U.S. Patent No. 8,326,467 Priority Date
2011-06-14 U.S. Patent No. 7,960,857 Issue Date
2011-12-27 U.S. Patent No. 8,086,364 Issue Date
2012-12-04 U.S. Patent No. 8,326,467 Issue Date
2017-11-21 U.S. Patent No. 9,821,668 Issue Date
2020-01-01 Beginning of Accused Product timeframe (2020 Nissan Leaf)
2025-03-03 Plaintiff alleges first communication with Defendant regarding potential license
2025-07-21 Plaintiff alleges providing claim charts for '857, '467, '668 Patents to Defendant
2025-11-21 Plaintiff alleges providing claim charts for '364 Patent to Defendant
2026-09-24 Complaint Filing Date

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

U.S. Patent No. 7,960,857

  • Patent Identification: U.S. Patent No. 7,960,857 ("System and method for vehicle based uninterruptable power supply"), issued June 14, 2011.

The Invention Explained

  • Problem Addressed: The background of the '857 Patent notes that conventional uninterruptible power supplies (UPS) have limited battery capacity, making them insufficient for powering critical devices like medical equipment for extended durations during a utility grid failure '857 Patent, col. 1:40-55
  • The Patented Solution: The patent describes a vehicle-based UPS that leverages a vehicle's on-board energy storage system (e.g., its main battery) to supply AC power to an external load via a DC-AC inverter '857 Patent, abstract A control system monitors the battery's state-of-charge (SOC) and, if it falls outside a predetermined range, selectively operates an on-board charging device (e.g., an auxiliary power unit or generator) to recharge the battery, thereby ensuring a continuous power supply '857 Patent, col. 2:14-22 '857 Patent, abstract
  • Technical Importance: This system utilizes the significantly larger energy storage capacity of a vehicle compared to a standard portable UPS, enabling it to function as a long-lasting emergency power source '857 Patent, col. 1:56-64

Key Claims at a Glance

  • The complaint asserts at least independent claim 1 Compl. ¶74
  • The essential elements of independent claim 1 include:
    • A vehicle-based UPS system.
    • An on-board energy storage system configured to power the vehicle's motor and also provide DC power for an external load.
    • A DC-AC inverter to convert the on-board DC power to AC power for the external load.
    • An on-board charging device to provide recharging power to the energy storage system.
    • A control system configured to: cause power to be transferred to the external load; determine the SOC or voltage of the energy storage system while providing that power; and selectively operate the charging device to maintain the SOC or voltage within a predetermined range.
  • The complaint alleges infringement of "one or more claims," which may include dependent claims Compl. ¶73

U.S. Patent No. 8,086,364

  • Patent Identification: U.S. Patent No. 8,086,364 ("System and method for operation of electric and hybrid vehicles"), issued December 27, 2011.

The Invention Explained

  • Problem Addressed: The patent's background explains that conventional control systems for electric and hybrid vehicles do not learn from historical travel on a given route, leading to inefficient energy use. For instance, a vehicle might waste regenerative braking potential by having a full battery at the top of a hill or deplete its battery before reaching a summit ('364 Patent, col. 2:4-19).
  • The Patented Solution: The invention proposes a method of energy management using a "historical power-use database." The system identifies a vehicle's current location, applies a pre-screening algorithm to identify relevant road segments ("links") on a map, matches the vehicle to a specific link, and then uploads the vehicle's power consumption data for that link into the database '364 Patent, abstract '364 Patent, col. 3:6-18 This collected historical data can then be used to optimize energy strategy for future trips along the same route.
  • Technical Importance: By using historical trip data, the system can predict future energy needs, such as for an upcoming incline, and proactively manage the battery's state-of-charge to improve overall efficiency and extend battery life '364 Patent, col. 2:20-28

Key Claims at a Glance

  • The complaint asserts at least independent claim 9 Compl. ¶94
  • The essential elements of independent claim 9, a method claim, include:
    • Identifying a current location of a vehicle.
    • Applying a pre-screening algorithm with respect to a map link, based on a maximum link length from a historical power-use database.
    • Determining if one or more links are within given bounds.
    • If so, matching the vehicle's current location to the link via a subsequential matching algorithm.
    • If so, uploading the vehicle's power information for that link and location into the historical power-use database.
  • The complaint alleges infringement of "one or more claims," suggesting dependent claims may also be asserted Compl. ¶93

Multi-Patent Capsule

  • Patent Identification: U.S. Patent No. 8,326,467 ("Controller and method of controlling a power system"), issued December 4, 2012.

  • Technology Synopsis: The '467 Patent discloses a method for controlling a power system, such as a vehicle's charging system and battery. A first controller determines operating conditions and whether a predetermined condition (e.g., battery fully charged) is met based on a scheduled charging time '467 Patent, abstract '467 Patent, col. 2:2-20 The controller can then transmit commands to a second controller to couple or decouple power system components to intelligently manage the charging process, for instance by advancing a charge start time if the battery cannot be fully charged within the scheduled window '467 Patent, abstract

  • Asserted Claims: At least claim 16 Compl. ¶112

  • Accused Features: The "Charging Timer" feature in vehicles such as the Nissan Leaf, which allows users to schedule charging times and includes a "Full charge has priority" option that allegedly adjusts the charge start time to ensure a full charge is achieved by the desired time Compl. ¶¶115-120

  • Patent Identification: U.S. Patent No. 9,821,668 ("Method and apparatus for charging multiple energy storage devices"), issued November 21, 2017.

  • Technology Synopsis: The '668 Patent describes an energy storage and management system (ESMS) for a vehicle with multiple energy storage devices, such as a conventional 12-volt battery and a high-voltage EV battery. The system employs multiple DC/DC converters and switching devices, allowing it to manage charging of the different batteries from both external sources (e.g., an AC outlet) and internal sources (e.g., regenerative braking) '668 Patent, abstract A control system selectively operates the converters and switches to direct power flow appropriately between the sources and the various batteries '668 Patent, abstract '668 Patent, col. 2:57-65

  • Asserted Claims: At least claim 16 Compl. ¶131

  • Accused Features: The dual-battery architecture in Nissan's electric vehicles, which includes a 12-volt battery and a high-voltage Li-ion battery Compl. ¶134 The complaint alleges that the vehicle's charging subsystems, including DC/DC converters and various control units, manage the charging of both batteries from external AC power and internal regenerative braking in a manner that infringes the claimed ESMS Compl. ¶¶134-143

III. The Accused Instrumentality

  • Product Identification: The complaint identifies "Accused Products" as Nissan- and Infiniti-branded vehicles equipped with electric or hybrid-electric powertrain systems Compl. ¶4 Specific examples cited include the 2022-25 Nissan Ariya, 2020-26 Nissan Leaf, and 2026 Nissan Rogue Compl. p. 2, fn 1
  • Functionality and Market Context:
    • The complaint focuses on specific functionalities related to power management. For the '857 Patent, the key feature is Vehicle-to-Load (V2L), which allows the vehicle's battery to power external AC household appliances, effectively acting as a portable generator Compl. ¶77 An image provided in the complaint shows the Nissan Leaf powering outdoor equipment, marketed as a "personal, portable power bank" Compl. p. 28
    • For the '364 Patent, the core accused feature is the "Intelligent Route Planner," which uses GPS and historical driving data to predict range and automatically suggest charging stations along a route Compl. ¶¶97-98 The complaint provides a screenshot of the Nissan Ariya owner's manual stating that displayed driving range is "calculated based on the actual average energy consumption of previous journeys" Compl. p. 42
    • The complaint alleges these features are part of Nissan's broader U.S. electrification strategy, which aims to "sell more EVs in the US" Compl. ¶31

IV. Analysis of Infringement Allegations

U.S. Patent No. 7,960,857 Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
A vehicle-based uninterruptable power supply (UPS) system The Accused Products are alleged to have Vehicle-to-Load (V2L) functionality that acts as a vehicle-based UPS system. ¶77 col. 2:1-2
an energy storage system located on-board a vehicle... configured to... generate DC power transferable to an external load The Accused Products include a lithium-ion battery that provides DC power for transfer to an external load. ¶78 col. 2:14-17
a DC-AC inverter connected to the on-board energy storage system... to invert the DC power to an AC power useable by the external load The Accused Products include a DC-AC inverter that converts the battery's DC power to AC power for the external load. ¶79 col. 2:17-20
a charging device located on-board the vehicle and connected to the on-board energy storage system to provide a recharging power thereto The Accused Products utilize regenerative braking, which is alleged to be an on-board charging device that recaptures energy to recharge the battery. The complaint includes an image from Nissan's website describing this feature (Compl. p. 31). ¶80 col. 2:20-22
a control system configured to: cause the energy storage system to provide power transferable to the external load by way of the DC-AC inverter The control system in the Accused Products is configured to cause the battery to provide power to the external V2L outlet via the inverter. ¶81 col. 2:23-26
determine one of a state-of-charge (SOC) and a voltage of the energy storage system while the energy storage system is providing power to the external load The Accused Products determine and display the battery's state-of-charge on the dashboard while the V2L function is in use. The complaint provides an image of the dashboard displaying a 97% SOC (Compl. p. 34). ¶82 col. 2:27-30
selectively operate the charging device... to maintain the one of the SOC and the voltage of the energy storage system within a pre-determined range while still providing power to the external load The regenerative braking system (the alleged "charging device") operates to recharge the battery while the vehicle is in use (i.e., while providing power), which allegedly maintains the SOC. ¶83 col. 2:31-37
  • Identified Points of Contention:
    • Scope Question: A central issue may be whether "regenerative braking" qualifies as a "charging device" under the patent's claims. The specification frequently refers to the charging device as an "auxiliary power unit (APU), such as an internal combustion engine" ('857 Patent, col. 3:52-54), which is a system that can be actively and independently operated. The court will have to determine if a passive energy recapture system like regenerative braking falls within the scope of a "charging device" that is "selectively operate[d]" to "maintain" the SOC for the UPS function.
    • Technical Question: The complaint alleges that regenerative braking maintains the SOC while power is provided to an external load. A factual question for the court will be whether the vehicle's control system actually uses regenerative braking for the specific purpose of maintaining the SOC for the V2L function, as required by the claim, or if the two functions (driving with regenerative braking and V2L power output) simply coexist without the claimed control linkage.

U.S. Patent No. 8,086,364 Infringement Allegations

Claim Element (from Independent Claim 9) Alleged Infringing Functionality Complaint Citation Patent Citation
identifying a current location of a vehicle The navigation system in the Accused Products uses GPS and other sensors to calculate and display the vehicle's current location. ¶97 col. 8:4-5
applying a pre-screening algorithm with respect to a link within a map... the pre-screening algorithm based on a maximum link length of a historical power-use database The system is alleged to apply a pre-screening algorithm by gathering and using data from a historical power-use database (e.g., average energy consumption from previous journeys) to determine if a charging stop is required. ¶98 col. 8:6-10
determining if one or more links are within a given bounds The system determines if a link, such as a road segment to a charging station, is within bounds of the planned navigation route. The complaint includes a screenshot showing charging waypoints on a map (Compl. p. 43). ¶99 col. 8:11-12
if one or more links are within a given bounds, then matching the current location of the vehicle to the link within the map via a subsequential matching algorithm The system is alleged to match the vehicle's current location to the map to determine if a charging station is needed, and automatically adds charging waypoints to the route. ¶100 col. 8:13-16
if one or more links are within a given bounds, then uploading power information used by the vehicle... into the historical power-use database The Accused Products, through NissanConnect Services, are alleged to electronically transmit and upload vehicle data, including "EV battery information (including use management, charging history and performance)," into a historical database. ¶101 col. 8:17-20
  • Identified Points of Contention:
    • Scope Question: The infringement theory hinges on whether Nissan's system, which calculates driving range based on "actual average energy consumption of previous journeys" Compl. p. 42, meets the claim requirement of a "historical power-use database." The defense may argue that the patent describes a granular, link-by-link database '364 Patent, Table 1, and that a simple rolling average of past energy consumption does not meet this limitation.
    • Technical Question: The complaint makes a conclusory statement that a "pre-screening algorithm based on a maximum link length" is applied (Compl. ¶98). A key factual question will be what evidence Plaintiff can produce to show that the accused system actually performs a pre-screening step based on a "maximum link length" derived from the historical database, as the complaint does not provide specific details on how this element is met.

V. Key Claim Terms for Construction

For the '857 Patent

  • The Term: "charging device"
  • Context and Importance: Plaintiff’s infringement theory for the '857 patent identifies the vehicle's regenerative braking system as the claimed "charging device" Compl. ¶80 The case may turn on whether this interpretation is accepted, as the patent's specification provides examples that are actively controlled power generation units. Practitioners may focus on this term because its construction is critical to determining if a passive energy recapture system meets the claim limitation of a device that is "selectively operate[d]" to maintain battery charge.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The plain language of claim 1 is broad, requiring only "a charging device located on-board the vehicle and connected to the on-board energy storage system to provide a recharging power thereto" '857 Patent, col. 14:1-3 It does not explicitly limit the type of device.
    • Evidence for a Narrower Interpretation: The detailed description repeatedly provides examples of the charging device as an "auxiliary power unit (APU), such as an internal combustion engine, a hydrogen fuel cell arrangement, or other similar power generating system" '857 Patent, col. 3:52-56 A defendant may argue these examples define the scope of the invention as being limited to active, commandable power sources, not passive energy recovery systems.

For the '364 Patent

  • The Term: "historical power-use database"
  • Context and Importance: Plaintiff alleges that Nissan's system, which uses "average energy consumption of previous journeys" to calculate range, constitutes a "historical power-use database" Compl. p. 42 The viability of the infringement allegation for the '364 patent depends on whether this term is construed broadly to cover any use of past data, or narrowly to require the specific database structure described in the patent.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The term itself is not explicitly defined and could be interpreted to encompass any system that stores and retrieves historical power consumption data to inform current operations.
    • Evidence for a Narrower Interpretation: The specification provides a detailed description of the database as a structured collection of "links" and "nodes," with each link having associated data like power, speed, and frequency of travel '364 Patent, col. 5:6-12 '364 Patent, Table 1 The abstract also describes uploading "power data for the vehicle corresponding to the matched location," which suggests a location-specific, granular database rather than a simple global average.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges induced infringement for all four patents. The allegations are based on claims of both pre-suit and post-suit knowledge of the patents Compl. ¶85 Compl. ¶103 Compl. ¶122 Compl. ¶145 The complaint asserts that Nissan takes affirmative steps to induce infringement by providing customers with advertisements, user manuals, and personalized "Second Delivery" instructional programs that teach and encourage the use of the accused features, such as V2L and the Intelligent Route Planner Compl. ¶85
  • Willful Infringement: The complaint alleges willful infringement for all four patents, seeking enhanced damages. The basis for this claim is Defendant's alleged knowledge of the patents prior to the lawsuit, stemming from licensing discussions and the provision of infringement claim charts beginning in March 2025 Compl. ¶¶64-66 The complaint alleges that Defendant's continued infringement after receiving notice constitutes willful, wanton, and deliberate disregard of Plaintiff's patent rights Compl. ¶88 Compl. ¶106 Compl. ¶125 Compl. ¶148

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

  • A core issue will be one of definitional scope: can the term "charging device", rooted in the '857 patent’s examples of active generators like an APU, be construed to cover a vehicle’s passive regenerative braking system? The answer will likely determine if Nissan’s V2L functionality infringes.
  • A key evidentiary question will be one of technical implementation: does Nissan's "Intelligent Route Planner," which calculates range from "average energy consumption of previous journeys," embody the granular, link-based "historical power-use database" required by the '364 patent, or is there a fundamental mismatch in technical operation that places it outside the claim scope?
  • A threshold procedural battle may focus on jurisdiction and agency: will the court agree with Plaintiff's extensive allegations that Nissan's U.S. subsidiary acts as a mere "sales agent" for its Japanese parent, thereby establishing personal jurisdiction over the foreign defendant in the Eastern District of Texas, or will it find the entities sufficiently separate?