Design Patent Roundup – Week ending Oct. 26, 2012

It was a busy week for design patent plaintiffs with five new cases filed since our last roundup. Take a look at the designs and accused products after the jump and let us know what you think in the comments section.  Has the ordinary observer test been satisfied?  As always, we will continue to monitor the dockets for the these cases and provide any noteworthy updates. 

Burris Co., Inc. v. Aim Sports, Inc., No. 1:12-cv-02780 (D. Co.  October 19, 2012)

Plaintiff Burris Company filed suit against Aim Sports, Inc. alleging infringement of U.S. Des. Pat. No. 632,753 for a “Telescoping Sight Mount.”  Below is a comparison of the ’753 Patent with the accused product, Aim’s Tactical 30 mm Cantilever Scope Mount as it appears in the complaint: 

The case has been assigned to Judge William J. Martinez.  Burris is represented by Merchant & Gould P.C. and there is no counsel of record for Aim as yet.

R & L Merchandise, LLC v. Alex and Ani, LLC, 3:12-cv-01081 (M.D. Tn. October 19, 2012)

Plaintiff R & L Merchandizing, LLC d/b/a/ Bella Ryann filed this declaratory judgment action seeking a declaration of non-infringement and invalidity of defendant Alex and Ani, LLC’s U.S. Design Pat. No.  498,167 for an “Expandable Wire Bracelet.”  Although the product at issue does not appear in the complaint, here is a comparison of the ’167 Patent and a product appearing on the Bella Ryann Facebook page:

The case has been assigned to Judge Todd J. Campbell. R & L Merchandise is represented by Randall W. Burton and there is no counsel of record yet for Alex & Ani.

Salon Spa Supply LLC v. Touspa, LLC, et al., 1:12-cv-03701 (N.D. Ga. October 23, 2012)

Plaintiff Spa Supply LLC filed this complaint against Defendants Toupsa, LLC and its alleged owners asserting, among other things, infringement of its U.S. Design Pat. No. 622,858 for a “Feet Bathtub.”  Although the product at issue does not appear in the complaint, here is a comparison of the ’858 Patent with a product appearing on Touspa’s Facebook Page:

         

The case has been assigned to Judge Amy Totenberg.  Salon Spa is represented by FisherBroyles, LLP and there is no counsel of record yet for Touspa.

3form, Inc. v. Meridien Accents, Inc., No. 3:12-cv-00156 (N.D. Ga. October 24, 2012)

In this case, Plaintiff 3form, Inc. filed suit against Defendant Meridien Accents, Inc. accusing Meridien’s MA9002 and MA9054 products of infringing its U.S. Design Pat. No. 621,086 for an “Architectural Panel with Thatch Reed Design.”  The accused product does not appear in 3form’s Complaint and we were unable to locate images of the products at issue.

The case has been assigned to Judge Timoth C. Batten, Sr.  3form is represented by Sutherland Asbill & Brennan, LLP and Workman Nydegger.  There is no counsel of record yet for Meridien Accents.

Pain Management Techs., Inc. v. Aspen Med. Prods., Inc., 5:12-cv-02657 (N.D. Oh. October 24, 2012)

Plaintiff Pain Management filed this declaratory judgment action against Aspen seeking a declaration of non-infringement and invalidity of Aspen’s U.S. Design Pat. No. 636,494 for a “Lumbar Belt.”  We noted Aspen’s lawsuitagainst Novitis Medical, LLC in last week’s design patent round-up, which would seem to indicate that Aspen is aggressively enforcing its rights in the ‘494 Patent. Images of the Pain Management product at issue are not available. 

The case has been assigned to Judge Benita Y. Pearson.  Pain Management is represented by Choken Wellington, LLP.  There is no counsel of record yet for Aspen.