Design Patent Case Digest: Keystone Retaining Wall Systems, Inc. v. Basalite Concrete Products, LLC

Decision Date: December 19, 2011 Court: D. Minnesota -

Patents: D610,710 and D610,711 -

Holding: Plaintiff’s motion for preliminary injunction GRANTED IN PART -

Opinion: Plaintiff Keystone Retaining Wall Systems, Inc. sued Basalite Concrete Products, LLC for infringement of U.S. Design Patents D610,710 and D610,711, entitled Wall Block and Wall Block Body, respectively. (Keystone also sued Basalite for breach of contract, utility patent infringement, trademark infringement, and trademark dilution.) Keystone sells 133EliteTM concrete blocks used to build retaining walls. Under a patent and trademark licensing agreement, Basalite produced and sold a similar construction block of the same name.

In 2006, Keystone and Basalite entered into a licensing agreement, which allowed Basalite to use a number of Keystone’s patents and trademarks to produce and sell the 133Elite block. When the contract expired, the parties did not formally renew the licensing agreement, though Basalite continued to pay royalties and Keystone continued to accept the payments. After a disagreement over the royalty payments, Keystone terminated whatever unofficial agreement the parties may have had after the contract expiration and sued Basalite for patent and trademark infringement.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sterne, Kessler, Goldstein & Fox P.L.L.C. | Attorney Advertising

Written by:


Sterne, Kessler, Goldstein & Fox P.L.L.C. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.