Design Patent Case Digest: McIntire v. Sunrise Specialty Company

more+
less-

- Decision Date: May 7, 2013

- Court: E.D. California

- Patents: D534,254

- Holding: Plaintiff’s motion for summary judgment of infringement DENIED

- Defendant’s motion for summary judgment of non-infringement GRANTED

- Opinion:

Plaintiff Bryan C. McIntire sued Sunrise Specialty Company for infringement of U.S. Design Patent No. D534,254, entitled “Toilet Bowl.” McIntire owns and operates Mac the Antique Plumber, which sells “antique plumbing fixtures, including toilet bowls.” Between 2006 and 2009, McIntire supplied toilet bowls to Sunrise, who then sold them to its own customers. Some of these toilet bowls were embodiments of McIntire’s patent, while others were not. Eventually, Sunrise sent one of McIntire’s toilet bowls to a manufacturer in China so the manufacturer could make a sample. Although Sunrise began selling toilet bowls supplied by the manufacturer instead of McIntire, in October 2010, Sunrise used the same toilet bowl picture in its catalogue that it had used when selling toilet bowls supplied by McIntire. McIntire alleged that these toilet bowls infringed his patent.

Please see full Digest below for more information.

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

Written by:

Published In:

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

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* 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.
×
Loading...
×
×