Decision Date: January 30, 2015 -

Court: Southern District of Florida -

Patents: D686,869; D694,057 -

Holding: Defendant’s motion for summary judgment DENIED -

Opinion:

Kedem, LLC owns U.S. Design Patent Nos. D686,869 and D694,057, each entitled, “Assembly for Cooking Elongated Food Products.” The design patents cover a vertical cooking device that prepares food, such as eggs, in an elongated, thin, cylindrical shape. Because Kedem could not afford to produce and market the vertical cooking device, it licensed the design patents to Team International Group of America, Inc., doing business as Kalorik (“TIGA”). TIGA now sells a vertical cooking device under the trademark ROLLIE® that is an embodiment of the design patents.

Due to various alleged breaches of the contract, Kedem sued TIGA for design patent infringement, trademark infringement, and other claims. TIGA moved for summary judgment declaring the design patents invalid for anticipation and denying Kedem’s trademark claims...