Friday, July 24, 2015

Direct Infringement - "Sold" or "Offered to Sell"


In an interesting decision from the Western District of Washington last week, Judge Ricardo S. Martinez granted an order denying Amazon's Motion for Summary Judgement that it did not directly infringe Milo & Gabby's animal-shaped pillow case design patents in Milo & Gabby, LLC et al v., Inc., No. C13-1932RSM (W.D. Wash. 2014). The Court agreed with Plaintiff Milo & Gabby that questions of fact preclude summary judgment as to whether Amazon "offered to sell" allegedly infringing merchandise actually sold by third-party vendors, but listed on the website.