SRIPLAW

CALIFORNIA ◆ GEORGIA ◆ FLORIDA ◆ TENNESSEE ◆ NEW YORK

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

Case No.: 9:22-cv-80805

VOLTSTAR TECHNOLOGIES, INC.,

Plaintiff,

v.

CVS PHARMACY, INC.,

Defendant.

COMPLAINT FOR PATENT INFRINGEMENT 

Plaintiff VOLTSTAR TECHNOLOGIES, INC. by and through its undersigned counsel, 

brings this Complaint against Defendant CVS PHARMACY, INC. for Patent Infringement, and 

in support, alleges as follows:

NATURE OF THE LAWSUIT

1. This is an action for patent infringement of United States Patent Number 

9,024,581, and its Reissue Patent Number RE48,794 E (hereinafter, the “‘794 Patent”) arising 

under the patent laws of the United States Title 35, United States Code §§ 1 et seq. to enjoin 

further infringement and obtain damages resulting from Defendant CVS Pharmacy, Inc.’s 

unauthorized manufacture, use, offer to sell and sale in the United States of a product identified 

and described herein as in violation of Plaintiff Voltstar’s rights under the ‘794 Patent. 

JURISDICTION AND VENUE

2. This Court has original and exclusive subject matter jurisdiction pursuant to 28 

U.S.C. § 1331; 28 U.S.C. § 1338(a); and 35 U.S.C. § 271.

3. This Court has personal jurisdiction over the Defendant. 

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4. Venue is proper in this district pursuant to 28 U.S.C. § 1400(b) because CVS 

Pharmacy, Inc. has committed acts of infringement and has a regular and established place of 

business within this judicial district and division. The accused products identified herein were 

purchased online and at the CVS Pharmacy store located at 7016 Beracasa Way, Boca Raton, 

Florida.

THE PLAINTIFF

5. Plaintiff, Voltstar Technologies, Inc. (“Voltstar”), is an Illinois Corporation with a 

principal place of business located at P.O. Box 3727, Barrington, IL 60010.

THE DEFENDANT

6. CVS PHARMACY, INC. (“CVS”) is a Rhode Island Corporation registered to do 

business in Florida with its principal place of business at 1 CVS Drive, Woonsocket, RI 02895, 

and can be served by serving its Registered Agent, CT Corporation System, at 1200 South Pine 

Island Road, Plantation, Florida 33324.

THE PLAINTIFF'S PATENT

7. Voltstar owns all right, title and interests in, and/or has standing to sue for 

infringement of United States Patent Number RE48,794 E (the “‘794 patent”), entitled "Charger 

Plug With Improved Package", issued on October 26, 2021. A copy of the ‘794 Patent is 

attached hereto as Exhibit 1.

8. Prior to May 21, 2008, James W. McGinley, Donald Rimdzius, and David P. 

Marcusen, invented a novel and non-obvious Charger Plug with Improved Package. 

9. McGinley, Rimdzius, and Marcusen applied for and obtained United States Patent 

No. 9,024,581 (the “‘581 patent”) entitled “Charger Plug with Improved Package Electrical 

Charger” which was duly and legally issued on May 5, 2015. 

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10. McGinley, Rimdzius and Marcusen assigned all right, title and interest in and to 

the ‘581 Patent to Horizon Technologies, Inc. in May, 2008, which was recorded at the United 

States Patent and Trademark Office on May 21, 2008 at Reel 20979, Frame 56. Horizon 

Technologies, Inc. changed its name to Voltstar Technologies, Inc. and recorded such change of 

name at the United States Patent and Trademark Office on March 1, 2010, and corrected on 

November 22, 2010 at Reel 25411, Frame 783. 

11. In general, non-legal terms, the ’581 Patent relates to a Charger that is to be 

connected between a source of AC power, such as a wall outlet, and a device such as a mobile 

phone that includes a battery with the battery being rechargeable through the use of DC power. 

The size and shape of the Charger are such that upon plugging the Charger into a source of AC 

power such as a wall outlet, (a) the Charger does not block or interfere with the use of adjacent 

outlets and (b) the Charger does not interfere with objects or furniture that may be placed 

adjacent to or in front of the outlet. In addition, the size and shape of the Charger are such that 

(a) a power cord for the device to be charged may be easily inserted into and removed from the 

Charger while the Charger is plugged into the source of AC power and (b) removal of the power 

cord from the Charger can be accomplished without removal of the Charger from the source of 

AC power. An example of the “Charger Plug with Improved Package Electrical Charger” is 

shown below: 

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12. On October 26, 2021, the U.S. Patent No. 9,024,581 was reissued as Patent 

Number US RE48,794 E (“the ‘794 Patent”). The reissued ‘794 Patent, in part, specifically 

amended Claim 1(i) to now state: “being sized so that the charger plug housing comprises a 

longitudinal length extending between the front wall and the rear end and the longitudinal length 

is less than 2.0 inches, a width of the housing outer profile being less than 1.75 inches ...”1

13. Pursuant to 35 U.S.C. § 252, Claim 1 of the reissued ‘794 Patent is substantially 

identical with the original U.S. Patent No. 9,024,581 in that it has only limited the sizing 

dimensions of the claimed invention. Therefore, the reissued ‘794 Patent is a continuation of the 

original U.S. Patent No. 9,024,581 and has effect continuously from the date of the original 

patent as May 5, 2015. 

1

 The previous language of the U.S. Patent No. 9,024,581 Claim 1(i) stated: “being sized so that 

the charger plug housing comprises a longitudinal length extending between the front wall and 

the rear end and the longitudinal length is equal to or less than 2.0 inches ...” 

On reissue, the USPTO amended the claim language. The bolded language was omitted and the 

italicized portion was included, shown as follows: “being sized so that the charger plug housing 

comprises a longitudinal length extending between the front wall and the rear end and the 

longitudinal length is [equal to or] less than 2.0 inches, a width of the housing outer profile 

being less than 1.75 inches ...”

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DEFENDANT’S PRODUCTS

Accused Product #1 – Skullcandy AC Adapter with USB Port

14. CVS makes, uses, offers for sale and sells Skullcandy AC Adapter with USB Port. 

An example of the Skullcandy AC Adapter with USB Port distributed by CVS is shown below. 

15. At all times during which CVS made, used, offered to sell and sold the 

Skullcandy AC Adapter with USB Port that infringe one or more of the claims of the ‘794 

Patent, CVS had knowledge of the ‘794 Patent and/or its parent patent, the ‘581 Patent.

16. CVS advertises the use of and sells its Skullcandy AC Adapter with USB Port 

charger that is to be connected between a source of AC power, such as a wall outlet, and a 

device such as a mobile phone that includes a battery with the battery being rechargeable through 

the use of DC power. 

17. In particular, the Skullcandy AC Adapter with USB Port charger distributed by 

CVS employ a reduced plug-size charger plug, that upon plugging the Skullcandy AC Adapter 

with USB Port charger into a source of AC power such as a wall outlet, the Skullcandy AC 

Adapter with USB Port does not block or interfere with the use of adjacent outlets. 

18. Moreover, the size and shape of the Skullcandy AC Adapter with USB Port 

charger are such that a power cord for the device to be charged may be easily inserted into and 

removed from the Skullcandy AC Adapter with USB Port while the charger is plugged into the 

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source of AC power and removal of the power cord from the Skullcandy AC Adapter with USB 

Port charger can be accomplished without removal of the charger from the source of AC power.

19. Attached hereto as Exhibit 2 is a Claim Chart that illustrates each element of the 

infringing Skullcandy AC Adapter with USB Port charger as compared to Claim 1 in the ‘794 

Patent. 

20. CVS infringed at least one of the claim of the ‘794 Patent by offering to sell and 

by selling a charger plug identified as Skullcandy AC Adapter with USB Port.

21. The Skullcandy AC Adapter with USB Port charger has a longitudinal length less 

than 2 inches, approximately 1.851 inches, and a width of less than 1.75 inches, approximately 

1.554 inches. 

Accused Product #2 – iHip Cute Power Rapid Dual Wall Charger

22. CVS makes, uses, offers for sale and iHip Cute Power Rapid Dual Wall Charger. 

An example of the iHip Cute Power Rapid Dual Wall Charger distributed by CVS is shown 

below. 

23. At all times during which CVS made, used, offered to sell and sold the iHip Cute 

Power Rapid Dual Wall Charger that infringe one or more of the claims of the ‘794 Patent, CVS 

had knowledge of the ‘794 Patent and/or its parent patent, the ‘581 Patent.

24. CVS advertises the use of and sells its iHip Cute Power Rapid Dual Wall Charger

that is to be connected between a source of AC power, such as a wall outlet, and a device such as 

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a mobile phone that includes a battery with the battery being rechargeable through the use of DC 

power. 

25. In particular, the iHip Cute Power Rapid Dual Wall Charger distributed by CVS 

employ a reduced plug-size charger plug, that upon plugging the iHip Cute Power Rapid Dual 

Wall Charger into a source of AC power such as a wall outlet, the iHip Cute Power Rapid Dual 

Wall Charger does not block or interfere with the use of adjacent outlets. 

26. Moreover, the size and shape of the iHip Cute Power Rapid Dual Wall Charger 

are such that a power cord for the device to be charged may be easily inserted into and removed 

from the iHip Cute Power Rapid Dual Wall Charger while the charger is plugged into the source 

of AC power and removal of the power cord from the iHip Cute Power Rapid Dual Wall Charger 

can be accomplished without removal of the charger from the source of AC power.

27. Attached hereto as Exhibit 3 is a Claim Chart that illustrates each element of the 

infringing iHip Cute Power Rapid Dual Wall Charger as compared to Claim 1 in the ‘794 Patent. 

28. CVS infringed at least one of the claim of the ‘794 Patent by offering to sell and 

by selling a charger plug identified as iHip Cute Power Rapid Dual Wall Charger.

29. The iHip Cute Power Rapid Dual Wall Charger has a longitudinal length less than 

2 inches, approximately 1.118 inches, and a width of less than 1.75 inches, approximately 1.272 

inches. 

Accused Product #3 – Griffin Wall Charger

30. CVS makes, uses, offers for sale and sells Griffin Wall Charger. An example of 

the Griffin Wall Charger distributed by CVS is shown below. 

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31. At all times during which CVS made, used, offered to sell and sold the Griffin 

Wall Charger that infringe one or more of the claims of the ‘794 Patent, CVS had knowledge of 

the ‘794 Patent and/or its parent patent, the ‘581 Patent.

32. CVS advertises the use of and sells its Griffin Wall Charger that is to be 

connected between a source of AC power, such as a wall outlet, and a device such as a mobile 

phone that includes a battery with the battery being rechargeable through the use of DC power. 

33. In particular, the Griffin Wall Charger distributed by CVS employ a reduced 

plug-size charger plug, that upon plugging the Griffin Wall Charger into a source of AC power 

such as a wall outlet, the Griffin Wall Charger does not block or interfere with the use of 

adjacent outlets. 

34. Moreover, the size and shape of the Griffin Wall Charger are such that a power 

cord for the device to be charged may be easily inserted into and removed from the Griffin Wall 

Charger while the charger is plugged into the source of AC power and removal of the power cord 

from the Griffin Wall Charger can be accomplished without removal of the charger from the 

source of AC power.

35. Attached hereto as Exhibit 4 is a Claim Chart that illustrates each element of the 

infringing Griffin Wall Charger as compared to Claim 1 in the ‘794 Patent. 

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36. CVS infringed at least one of the claim of the ‘794 Patent by offering to sell and 

by selling a charger plug identified as Griffin Wall Charger.

37. The Griffin Wall Charger has a longitudinal length less than 2 inches, 

approximately 1.308 inches, and a width of less than 1.75 inches, approximately 1.360 inches. 

COUNT I

DIRECT INFRINGEMENT OF U.S. PATENT NO. RE48,794 E

38. Voltstar repeats, realleges, and incorporates by reference, as if fully set forth 

herein paragraphs 1 through 37, as set forth above. 

39. Within the six years preceding the filing of this Complaint, CVS has directly 

infringed at least one claim of U.S. Patent No. RE48,794 E by the activities referred to in this 

Complaint in violation of 35 U.S.C. § 271(a).

40. Without limiting the foregoing, Defendant has infringed at least all steps of Claim 

1 of the ‘794 Patent as described in the Claim Chart attached hereto as Exhibit 2, Exhibit 3 and 

Exhibit 4.

41. CVS’s acts of making, using, importing, selling, and/or offering for sale 

infringing products and services have been without license, permission, or authorization from 

Voltstar.

42. CVS’s infringement includes, but is not limited to, the manufacture, use, sale, 

importation and/or offer for sale of Defendant’s products including Skullcandy AC Adapter with 

USB Port, iHip Cute Power Rapid Dual Wall Charger, Griffin Wall Charger, which incorporates 

Voltstar’s patent.

43. Defendant’s infringement of the ‘794 Patent have injured and continues to injure 

Voltstar in an amount to be proven at trial, but not less than a reasonable royalty. 

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COUNT II

INDIRECT INFRINGEMENT OF U.S. PATENT NO. RE48,794 E

44. Voltstar repeats, realleges and incorporates by reference, as if fully set forth 

herein paragraphs 1 through 37, as set forth above.

45. Within the six years preceding the filing of this Complaint, CVS has indirectly 

infringed at least one claim of U.S. Patent No. RE48,794 E, by requesting and encouraging and 

inducing customers to distribute the ‘794 infringing products in violation of 35 U.S.C. § 271(b).

46. CVS has induced and continues to induce infringement of at least Claim 1 of the 

‘794 Patent under 35 U.S.C. § 271(b). 

47. CVS’s activities alleged in this Count have been without license permission or 

authorization from Voltstar.

48. CVS knowingly and actively aided and abetted the direct infringement of the ‘794 

Patent by instructing and encouraging its customers, purchasers, users and developers to 

distribute the ‘794 infringing products. Such instructions and encouragement included, but are 

not limited to, advising third parties to use the ‘794 infringing products in an infringing manner, 

providing a mechanism through which third parties may infringe the ‘794 Patent, and by 

advertising and promoting the use of the ‘794 infringing products in an infringing manner, and 

distributing guidelines and instructions to third parties on how to use the ‘794 infringing products 

in an infringing manner.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Voltstar Technologies, Inc. demands judgment and relief against 

Defendant CVS Pharmacy, Inc. and respectfully requests that the Court: 

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A. An entry of judgment holding that Defendant has infringed and is infringing the 

‘794 Patent and has induced infringement and is inducing infringement of the 

‘794 Patent;

B. For an accounting and an award of damages sufficient to compensate Voltstar 

for the infringement in no event less than a reasonable royalty pursuant to 35 

U.S.C. § 284; 

C. A determination that Defendant’s infringement has been willful, wanton, and 

deliberate and that the damages against it be increased up to treble on this basis 

or for any other basis in accordance with the law; 

D. A finding that this case is an exceptional case under 35 U.S.C. § 284 and an 

award to Voltstar of its costs and reasonable attorneys’ fees as provided by 35 

U.S.C. § 285; 

E. An accounting of all infringing sales and revenues, together with post judgment 

interest and prejudgment interest from the first date of infringement of the ‘794 

Patent; and

F. That Voltstar is entitled to such other and further relief as to the Court appears 

just and proper. 

JURY DEMAND

Plaintiff hereby demands a trial by jury of all issues so triable.

DATED: June 1, 2022 Respectfully submitted,

/s/ Joel B. Rothman

JOEL B. ROTHMAN

Florida Bar Number: 98220

joel.rothman@sriplaw.com

CRAIG A. WIRTH

Florida Bar Number: 125322

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craig.wirth@sriplaw.com

ANGELA M. NIEVES

Florida Bar Number: 1032760

angela.nieves@sriplaw.com

LAYLA T. NGUYEN

Florida Bar Number: 1024723

layla.nguyen@sriplaw.com

SRIPLAW, P.A.

21301 Powerline Road

Suite 100

Boca Raton, FL 33433

561.404.4350 – Telephone

561.404.4353 – Facsimile

Counsel for Plaintiff Voltstar Technologies, Inc.

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