Australian Jack Maker Sues Trailer Gearbox Over a Drill-Driven Jockey Wheel Patent and Its Patent-Pending Label.

The parties and the patent

The case is BOS Fabrication Engineering Services Pty Ltd v. Red Patriot Inc., No. 6:26-cv-02406 (M.D. Fla.), assigned to Judge Anne C. Conway, with Magistrate Judge Nathan W. Hill. The complaint says BOS is an Australian company based in Sydney, Australia, that makes and sells powered telescopic trailer jacks, and, on information and belief, that Red Patriot is a Florida corporation based in DeLand, Florida, that sells trailer jacks under the name Trailer Gearbox. It calls the two companies direct competitors.

U.S. Patent 9,937,903, titled Jack Assembly, issued April 10, 2018, to inventor Jurgen Van Den Bos, with BOS named as assignee on its face. It is the U.S. national stage of PCT/AU2014/000143, filed February 19, 2014, and claims priority to Australian Application No. 2013200923, filed February 19, 2013. The face shows a 92-day patent term adjustment.

Claim 1 covers a jockey wheel with a telescopic column that attaches to a towed vehicle to raise and lower its draw bar. The column has a drive mechanism with a rotary input that extends or retracts it, and a gear box with a rotary connector that a power tool can drive. The gear box's output gear has a socket that fits over and drives the rotary input, the gear box is mounted over the top end of the column, the output gear and rotary input share a rotational axis, and the rotary connector's axis is parallel to that common axis. Dependent claims 2, 3, 4, 6, 7, and 8 add a gear box housing that sits over the end of the column, portability and removal from the draw bar, an input gear on the rotary connector, a pin locking the output gear onto the rotary input, a coupling for a wheel mount at the lower end of the column, and a release pin for that mount.

What the complaint alleges

The accused product is the Speed Jack, which the complaint says Red Patriot sells through its Trailer Gearbox website. The complaint says BOS bought a unit through counsel and walks through claims 1 through 4 and 6 through 8 with annotated photographs; photographs of a commercial embodiment are attached as Exhibit B.

Count I alleges direct infringement under 35 U.S.C. 271(a) of at least claims 1 through 4 and 6 through 8. Count II alleges induced infringement of at least claim 1 under section 271(b), quoting marketing that tells buyers to raise or lower a trailer with a cordless drill. Count III alleges contributory infringement under section 271(c), naming a Drive Key, a Rebuild Kit, and standalone Speed Jack units as material components that the complaint says have no substantial non-infringing use.

The complaint alleges that BOS gave Red Patriot actual notice of infringement on or about July 7, 2025, repeated it on or about July 29, 2025, and asked about Red Patriot's "patent pending" claims at the same time. It alleges that Red Patriot continued selling the Speed Jack after that notice and asks the court to find the infringement willful.

The false marking count

Count IV is a competitor's claim under 35 U.S.C. 292. The complaint alleges that Red Patriot advertised the Speed Jack as "patent pending" and that, on information and belief formed after a search of USPTO databases, neither Red Patriot, Trailer Gearbox, nor their known principals have published applications pending that cover the product. It alleges intent to deceive, cites archived and third-party retailer listings, and claims competitive injury, including lost sales and market share, which section 292(b) requires for a private plaintiff to recover. The complaint does not identify any unpublished application, which would not appear in a public search.

Relief requested

The prayer asks for judgments of infringement, willfulness, and false marking; a permanent injunction; damages of no less than a reasonable royalty under 35 U.S.C. 284, trebled for willfulness; damages for competitive injury under section 292(b); attorney fees under 35 U.S.C. 285; costs; and interest. The body of the complaint also says BOS is entitled to a preliminary injunction, though no motion is on the docket. BOS demands a jury. Its counsel is Adam Joshua Woodward of Bonita Springs, Florida. The docket also shows a notice to counsel regarding the court's Local Rules and an interested persons order.

What to watch next

Watch for Red Patriot's answer or a motion to dismiss, including any challenge to the false marking count's intent and competitive injury allegations.

Watch for a preliminary injunction motion, which the complaint says BOS is entitled to but has not yet filed.

The case can end at any time, including by settlement or voluntary dismissal.