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

D523,677



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. Amazon.com, 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 Amazon.com website. 

Design Patent Roundup - Nov. 1, 2013

This Thursday being Halloween, a holiday dedicated to inventive and novel designs, it seems fitting that this was a particularly active week for design patent filings in the United States District Courts. Unfortunately, this week’s litigants chose to eschew the spirit of the holiday in favor of designs primarily related to industrial and commercial products. 

Design Patent Roundup - Oct. 25, 2013

With Halloween almost upon us, we bring you this week’s design patent roundup, which features a lawsuit relating to children’s pillows shaped like terrifying monsters. As always, we will continue to be on the lookout for key developments in any of the cases discussed below.