This was a slow week for new design patent cases, which may signal a slow-down in new complaints. We will see in the coming weeks whether this trend continues or whether it is an anomaly of the holiday season. Also, we have added a polling feature this week so please share your opinion on infringement vs. noninfringement!
Carson Optical, Inc.v. Electro-Optix, Inc., No. 2:09-cv-01625 (E.D.N.Y. January 11, 2013)
On January 11, Defendant-Counterclaim Plaintiffs Electro-Optix and Christopher Schoenjohn filed its Answer and Counterclaims claiming noninfringement and invalidity of Plaintiff Carson’s Design Patent Nos. 495,726 for an “Illuminating Magnifier” and 583,843 for a “Bottle Indicia Magnifier.” In its original complaint, Carson accused Electro’s RM-2.5 illuminated magnifier of infringing the ‘726 Design Patent, and Electro’s RX-2 Magnifier of infringing the ‘834 Design Patent. A comparison of the design patent and the accused products, as they appear in the complaint, is shown below:
Crorey Creations, Inc. v. Cracker Barrel Old Country Store, Inc., No. 2:13-cv-10183 (E.D.M.I. January 16, 2013)
On January 16, Plaintiff Crorey Creations filed a complaint against Cracker Barrel accusing Cracker Barrel of infringing two utility patent and its Design Patent No. 619,150, which claims a “Friendship Bracelet Maker.” Crorey accuses Cracker Barrel’s “Friendship Bracelet Fashion Studio,” which is shown below alongside a figure from the ‘150 Design Patent.
OurPet’s Co. v. Petmate, No. 1:13-cv-00111 (N.D.OH. January 16, 2013)
On January 16, Plaintiff OurPet filed a complaint against Petmate accusing Petmate of infringing its Design Patent No. 467,045, which claims a “Stackable Pet Feeder.” OurPet accuses Petmate’s “Easy Reach Pet Diner,” which is shown below alongside a figure from the ‘045 Design Patent. In the author's opinion, the asserted design and the accused product are not very similar.
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