Friday, December 7, 2012

Design Patent Roundup – Week Ending Dec. 7, 2012

There was moderate activity since our last roundup, with six new cases filed this week.  We will continue to monitor the dockets for these cases and provide any noteworthy updates.  Please take a look at the designs and products at issue after the jump and let us know what you think in the comments section.  

Solar Sun Rings, Inc. v. Polygroup, Ltd., et. al, No.  5:12-cv-02099 (C.D. Ca. Nov. 28, 2012).
Plaintiff Solar Sun Rings filed suit against Polygroup, alleging infringement of Solar’s U.S. Design Patent No. 579,570 for a “Floating Spa Cover.”  If Solar’s spa cover design looks familiar to you, that is because we previously posted about Solar’s case against Wal-Mart.  Polygroup allegedly manufactures the “Solar Pad” that stands accused in the case against Wal-Mart.  It is unclear why Solar chose to bring this case as a separate action. Compare the ‘570 Patent to the accused product, below:

The case has been assigned to Judge Gary A. Feess.  Solar is represented by the Law Offices of Sepehr Daghighian.  Polygroup has not yet entered an appearance. 

Design Ideas, Ltd. v. Bed, Bath & Beyond, Inc. et al, No. 3:12-cv-03327 (C.D. Ill. Nov. 30, 2012).
Design Ideas filed suit against Bed, Bath & Beyond, alleging infringement of Design Ideas’ U.S. Design Patent Nos. 436,239 for a “Mesh Cart;” 479,272 for a “Mesh Basket;” and 517,769 for a “Portion of a Rolling Cart.”  Design Ideas accuses Bed, Bath & Beyond’s “Slim Bath Storage Cart.”  Compare the ‘239 Patent to the accused product, below:

The case has been assigned to Judge Sue E. Myerscough.  Design Ideas is represented by the Saidman DesignLaw Group.  Bed, Bath & Beyond has not yet entered an appearance. 

R&J Manufacturing, Inc. v. B&G International, Inc., No. 1:12-cv-00874 (D. R.I. Nov. 30, 2012).
R&J filed suit against B&G, alleging infringement of two utility patents and R&J’s U.S. Design Patent No. 543,590 for a “Rotating Ati-Theft Tag.”  R&J accuses B&G’s “Swivel Tag.”  Compare the ‘590 Patent to the accused product as it appears in the complaint, below:

The case has been assigned to Judge Mary M. Lisi.  R&J is represented by t Jodi-Ann McLane.  B&G has not yet entered an appearance. 

Metric Products, Inc. v. C and A Marketing, Inc. et al, No. 2:12-cv-10201 (C.D. Ca. Nov. 29, 2012)
Metric Products, Inc. v. Mogo Products, LLC, No. 2:12-cv-10204 (C.D. Ca. Nov. 28, 2012)

Metric filed lawsuits against C and A, and Mogo Products, both alleging infringement of one utility patent and Metric’s U.S. Design Patent No. 478,342 for an “Eye Shade.”  Although a specific product was not identified in the complaints, compare the ‘432 Patent to a sleep mask offered by Mogo on the internet, below:

The case has been assigned to Judge Christina A. Snyder.  Metric is represented by Blakely Sokolof Taylor and Zafman.  Neither Mogo nor C and A has yet entered an appearance. 

Ashley Furniture Industries, Inc. v. Cosmos Furniture, Ltd., No. 1:12-cv-09654 (N.D. Ill. Dec. 4. 30, 2012).
Ashley filed suit against Cosmos, alleging infringement of thirteen of Ashley’s U.S. Design Patents for ornate bedroom sets.  Ashley does not identify the accused product in its complaint, but alleges that “After a reasonable opportunity for further investigation or discovery, it is likely that the evidence will show that Defendant has infringed and continues to infringe.”  It is unclear whether Ashley’s allegations are sufficient to state a claim of design patent infringement.  Below is an example of one of the designs that Ashley is asserting, U.S. Design Patent No. 518,660:

The case has not yet been assigned.  Ashley is represented by McAndrews Held & Malloy.  Cosmos has not yet entered an appearance. 

Laughing Rabbit, Inc. v. Stone, No. 2:12-cv-02108 (W.D. Wa. Dec. 4, 2012)
Laughing Rabbit filed suit against Stone, alleging infringement of Laughing Rabbit’s U.S. Design Patent No. 375,372 for a “Pocket Flashlight.”  Laughing Rabbit accuses a “Dots Microlight,” allegedly sold by Mr. Stone.  Notably, the ‘372 Patent issued on Nov. 5, 1996, and should have expired on Nov. 5, 2010.  Compare the ‘372 Patent to the “Dots Microlight,” as it appears on the internet:

 The case has not yet been assigned.  Laughing Rabbit is represented by Lowe Graham Jones.  Stone has not yet entered an appearance.

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