WM Intl LLC v. Shenzhen Jisu Technology Co Ltd

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: WM International LLC d/b/a PlayHot-US (Virginia)
  • Defendant: Shenzhen Jisu Technology Co., Ltd. (China)
  • Plaintiff's Counsel: Glacier Law LLP
• Case Identification: 2:25-cv-1714, W.D. Wash., 05/17/2026
• Venue Allegations: Venue is alleged to be proper in the Western District of Washington because Defendant directed "extra-judicial patent enforcement" efforts into the district by submitting an infringement complaint to Amazon.com, Inc., which has a place of business in Seattle, resulting in the temporary removal of Plaintiff's product listing.
• Core Dispute: Plaintiff seeks a declaratory judgment that its handheld portable fan does not infringe two of the Defendant's design patents, and further seeks a declaration that one of those patents is invalid due to prior art.
• Technical Context: The dispute concerns the ornamental design of consumer electronics, specifically handheld portable fans and their graphical user interfaces (GUIs).
• Key Procedural History: The dispute arose after Defendant filed an infringement complaint with Amazon against Plaintiff's product, citing the '933 Patent, which led to a temporary product delisting. During the course of litigation, Defendant formally identified the '019 Patent as an additional basis for its infringement claims. Plaintiff now preemptively seeks a court declaration of non-infringement for both patents and invalidity for the '019 Patent.

Case Timeline

Date	Event
2022-01-31	Defendant files Chinese Design Patent Application (later '933 CN Patent)
2022-06-17	'933 CN Patent publication date, cited as prior art
2023-11-16	'019 Patent priority date
2024-04-04	'933 Patent filing date (serves as priority date)
2025-03-25	U.S. Design Patent D1,067,933 S issue date
2025-06-03	U.S. Design Patent D1,078,019 S issue date
2025-08-29	Plaintiff receives notice from Amazon of product removal
2026-05-17	First Amended Complaint filing date

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

U.S. Design Patent No. D1,067,933 S - Portable Fan Display Screen Displaying Graphical User Interface

• Patent Identification: U.S. Design Patent No. D1,067,933 S, "Portable Fan Display Screen Displaying Graphical User Interface," issued March 25, 2025.

The Invention Explained

• Problem Addressed: Design patents do not articulate a problem and solution in the manner of utility patents; rather, they protect a new, original, and ornamental design for an article of manufacture. This patent seeks to protect the specific aesthetic appearance of a graphical user interface (GUI) on a portable fan.
• The Patented Solution: The patent claims the ornamental design for a GUI as displayed on a portable fan. The patent discloses three distinct embodiments for the placement and shape of the display screen: a circular display on the fan head D'933 Patent, Figs. 1-9, a rectangular display on the handle D'933 Patent, Figs. 10-18, and an elliptical display on the handle D'933 Patent, Figs. 19-27 The claimed GUI features include two-digit numerals, a wind symbol icon, and a battery icon.
• Technical Importance: In the consumer electronics market, a distinct GUI design can serve as a key product differentiator and contribute to a product's unique visual identity.

Key Claims at a Glance

• The patent contains a single claim for "The ornamental design for a portable fan display screen displaying graphical user interface, as shown and described" D'933 Patent, claim
• The scope of the claim is defined by the visual representations in Figures 1-27, which encompass three primary embodiments:
  • A circular GUI on the fan head.
  • A rectangular GUI on the fan handle.
  • An elliptical GUI on the fan handle.

U.S. Design Patent No. D1,078,019 S - Portable Fan

• Patent Identification: U.S. Design Patent No. D1,078,019 S, "Portable Fan," issued June 3, 2025.

The Invention Explained

• Problem Addressed: This patent seeks to protect the specific ornamental appearance of the physical housing of a portable fan, rather than a GUI.
• The Patented Solution: The patent claims the ornamental design for the physical shape and configuration of a portable fan, particularly its front face D'019 Patent, Figs. 1-4 The design is characterized by the visual relationship and proportions of its components, including the central surface and the surrounding fan head rim.
• Technical Importance: The physical shape of a product is a primary element of its trade dress and can create a recognizable and protectable brand identity in a competitive market.

Key Claims at a Glance

• The patent contains a single claim for "The ornamental design for a portable fan as shown and described" D'019 Patent, claim
• The claim's scope is defined by the physical appearance of the fan depicted in Figures 1-9, focusing on its overall shape, contours, and the proportional arrangement of its external surfaces.

III. The Accused Instrumentality

Product Identification

• The "Handheld Portable Turbo Fan," identified by Amazon Standard Identification Number (ASIN) B0D97YVVQ2 Compl. ¶21

Functionality and Market Context

• The Accused Product is a handheld portable fan sold by the Plaintiff primarily through the Amazon marketplace Compl. ¶13
• The features relevant to the infringement dispute are entirely ornamental. The complaint describes the Accused Product as having a circular display on the fan head Compl. ¶23 The GUI on this display allegedly features single-digit numerals from 1 to 5 and segmented LED battery bars Compl. ¶23 The complaint also describes the physical proportions of the product's fan head as being distinct from the patented design Compl. ¶31 The complaint includes a visual of the accused product's GUI in operation. A provided image shows the Accused Product displaying the number "5" and a full battery bar on its circular screen Compl. p. 8

IV. Analysis of Infringement Allegations

The complaint seeks a declaratory judgment of non-infringement. The analysis below summarizes the Plaintiff's arguments for why its product does not infringe, which will be tested against the "ordinary observer" standard.

D1,067,933 S Infringement Allegations

Claim Feature (from '933 Patent figures)	Alleged Non-Infringing Functionality of Accused Product	Complaint Citation	Patent Citation
GUI content includes two-digit numerals	The Accused Product's GUI displays only single-digit numerals (1-5).	¶23	Figs. 1-27
GUI content includes outline battery or wind icons	The Accused Product uses segmented LED battery bars and no wind icon.	¶23	Figs. 1-27
GUI includes text such as "AIR VOLUME" or "POWER"	The Accused Product's display uses no such text.	¶23	Figs. 1-27
Display may be located on the handle in a rectangular or elliptical shape	The Accused Product's display is circular and located on the fan head, not the handle.	¶23	Figs. 10-27

• Identified Points of Contention: The central question for infringement of the '933 Patent is one of visual impression. The Plaintiff argues that the differences in GUI content-specifically the use of single-digit numerals versus two-digit numerals, and segmented LED bars versus outline icons-create a "substantially different overall visual impression" Compl. ¶24 The court will have to determine whether an ordinary observer, giving such attention as a purchaser usually gives, would be deceived by the similarity between the designs and induced to purchase one thinking it was the other.

D1,078,019 S Infringement Allegations

Claim Feature (from '019 Patent figures)	Alleged Non-Infringing Functionality of Accused Product	Complaint Citation	Patent Citation
Specific ornamental front-face configuration	The Accused Product is alleged to have a "materially different front-face configuration."	¶30	Figs. 1-4
Specific proportional relationship between the central circular surface and the surrounding fan-head rim	The Accused Product allegedly "features a fundamentally different dimensional ratio between its center surface and fan head edge."	¶31	Figs. 1-4

• Identified Points of Contention: For the '019 Patent, the dispute focuses on structural and proportional differences. The Plaintiff contends that its product is "plainly, mathematically, and structurally distinct" from the patented design Compl. ¶29 A key piece of evidence presented is a side-by-side visual comparison in the complaint Compl. p. 8 The dispositive question will be whether these alleged differences in proportion and ratio are sufficient to differentiate the overall visual appearance in the eyes of an ordinary observer.

V. Other Allegations

Invalidity of the '019 Patent

• The complaint advances a significant challenge to the validity of the '019 Patent under 35 U.S.C. §§ 102 and 103 Compl. ¶36
• The primary basis for this challenge is Chinese Design Patent No. CN 307408933 S (the "'933 CN Patent"), which was filed and published by the Defendant itself Compl. ¶38
• The complaint alleges the '933 CN Patent was published on June 17, 2022, more than one year prior to the '019 Patent's earliest priority date of November 16, 2023 Compl. ¶37 Compl. ¶39 This timing raises the possibility of a statutory bar under 35 U.S.C. § 102(a)(1) (via § 102(b)(1)), which would invalidate the patent if the designs are the same.
• Plaintiff alleges that the "exact physical ornamental design" claimed in the '019 Patent is anticipated by the '933 CN Patent Compl. ¶38 The complaint includes a side-by-side image comparison to argue the designs are identical Compl. p. 9
• As an alternative, the complaint argues that to the extent any "trivial, non-ornamental differences" exist, they would have been obvious to a designer of ordinary skill, rendering the patent invalid under § 103 Compl. ¶40

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

This declaratory judgment action presents two central questions for the court, one turning on the subjective standard of design infringement and the other on an objective validity challenge.

• A primary issue will be one of visual distinction under the ordinary observer test: Are the asserted differences between the Accused Product and the two patented designs-specifically, the GUI's single-digit display ('933 Patent) and the fan body's physical proportions ('019 Patent)-significant enough to create a "plainly distinct" overall impression, or are they minor variations that fail to differentiate the designs in the eyes of a typical purchaser?

• A second, potentially dispositive question is one of anticipation by statutory bar: Does the Defendant's own prior-published Chinese design patent ('933 CN Patent) disclose a design identical to that claimed in the '019 Patent? If so, the fact that it was published more than one year before the '019 Patent's effective filing date could constitute an absolute bar to patentability, rendering the '019 Patent invalid.