Design Patent Roundup – Week ending Nov. 2, 2012

A couple of new design cases were filed last week. As always, we will continue to monitor the dockets for these cases and provide any noteworthy updates.

Emerson Electric Co. v. Sourceone Plus, Inc., 1:12-cv-06252 (N.D. Ill. October 26, 2012)

Plaintiff Emerson Electric Co. filed an amended complaint against Sourceone Plus, doing business as SOP Green Klean and GK Vac Bags, alleging infringement of D601318 - Filter for a wet/dry vacuum cleaner (see below). The original complaint, only asserted a utility patent (U.S. Patent No. 8,206,482 B2, entitled “VACUUM APPLIANCE FILTER ASSEMBLIES AND ASSOCIATED VACUUM SYSTEMS”) against SourceOne. Below is a comparison of the ‘318 Patent with the accused Vacuum Filter as it appears in the complaint:  

The case has been assigned to Judge Milton I. Shadur. Emerson Electric Co is represented by Vanek, Vickers & Masini, P.C., no counsel of record for Sourceone as yet.

Umbra LLC v. Jobar International, Inc., 1:12-cv-00966-RJA (W.D.N.Y., October 12, 2012)

Plaintiff Umbra filed a complaint against Jobar International, Inc. alleging infringement of its Design Patent No. D657,172 and seeking injunctive relief and damages.  According to the complaint, the patent covers a “dress-shaped organizer” known and marketed as “LITTLE BLACK DRESS” , one of Umbra’s home accessories and décor products.  The allegedly infringing product is marketed and sold under the brand U.S. Patrol as the “Hanging Dress Safe.” The case has been assigned to judge Richard J. Arcara.  Umbra is represented by Damon Morey LLP and Simpson & Simpson PLLC. There is no counsel of record yet for Jobar. The ’172 patent and the accused product are shown below: