Friday, December 14, 2012

Design Patent Roundup – Week ending Dec. 14, 2012

A number of cases have been filed since our last roundup which we summarize below. Of particular interest this week is a case involving the now famous plaintiff Egyptian Goddess asserting another design patent for a nail buffer. As always, we will continue to monitor the dockets for these cases and provide any noteworthy updates.

Egyptian Goddess, Inc. v. Dermalactives, Inc., No. 4-12-cv-00769 (E.D.TX. Dec. 13, 2012) 
Plaintiff Egyptian Goddess filed suit against Dermalactives, alleging infringement of its U.S. Design Patent No. D459,548 for a “Nail Buffer."  As you may recall, the plaintiff Egyptian Goddess was made famous by the Federal Circuit’s decision that did away with the “point of novelty” test, returning to the ordinary observer test (previously covered here).   Egyptian Goddess accuses Dermalactives of selling nail buffer products that fall within the scope of the ’548 patent. A comparison of the design patent and the accused product, as they appear in the complaint, is shown below: 

I'm Still Me, LLC v. Quintessential Tots, LLC et al, No. 2-12-cv-07548 (D. N. J. Dec. 2012)
Plaintiff I’m Still Me, LLC filed a multi-defendant complaint against Quintessential Tots (d/b/a Itzy
Ritzy), and 18 of its vendors, customers and/or distributors, including  “fictitious entities whose present identity and address is unknown.”  I’m Still Me accuses these defendants of making, using, importing,
offering for sale or selling the Infringing Products shown in the complaint that fall within the scope of the United States Design Patent No. D603,142.  ’142 patent covers  a protective garment, more commonly identified as a combination bib, burp cloth and bath cloth for babies.  The accused products are too many to list here, but a representative product from Itzy Ritzy’s website is shown below.  Interestingly, some of the defendants have already removed the accused products from their websites.

Wilson Sporting Goods Co. v. Jugs Sports, Inc., No. 1-12-cv-09908 (N.D. Ill Dec. 12, 2012)
Plaintiff Wilson Sporting Goods Co. filed an action for declaratory judgment of non-infringement and invalidity of U.S.Patent No. D451,566 to Jugs Sports.  Jugs sent Wilson a letter accusing Wilson’s ATEC “5-Position Batting Tee or Tuffy Multi-Tee” of infringing   the ’566 patent.  A comparison of the ’566 patent  and the allegedly infringing product as it appears on Wilson’s website is shown below:

WCM Industries, Inc. v. IPS Corporation et al, No. 1-12-cv-03220 (D. Col. Dec. 11, 2012) 
Plaintiff WCM Industries, Inc. filed a complaint against IPS Corporation and American Brass & Aluminum Foundry Company for infringement of a number of utility and design patents including  U.S. Patent Nos. D627,863 and D665,062, both entitled "Bathtub Overflow Pipe," and U.S. Patent No. D636,468, entitled Flexible bathtub waste pipe assembly.  WCM accuses IPS and AB&A of being “knock-off competitors who have copied WCM's products and imported such copies from overseas manufacturers to undercut WCM's prices and steal WCM's customers.”  A comparison of the design patents and the accused product as they appear in the complaint is shown below:

Rubbermaid Incorporated v. Capsa Solutions LLC, No. 3-12-cv-00813 (W.D. N.C. Dec 10, 2012)
 Plaintiff Rubbermaid filed a complaint against Defendant Capsa Solutions LLC for patent infringement, of its U.S. Design Patent Nos. D504,259 and D504,260 both entitled Drawer Face, in addition to its claims of trade dress infringement, and unfair competition. Rubbermaid specifically accuses Capsa’s MX Series Medication Workstation and MX Series Bin Transfer Cart.  A comparison of the ’259 and ’260 patents and the allegedly infringing products as they appears on Capsa’s website is shown below.

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