On June 5, 2023, Judge Engelmayer (S.D.N.Y.) dismissed Plaintiffs' infringement claims against Defendants.

After the U.S. Patent & Trademark Office cancelled the asserted patent—U.S. Design Patent No. D746,078—Defendants requested an entry of judgment dismissing Plaintiffs’ infringement claim with prejudice, and dismissing Defendants’ counterclaim for invalidity of the patent as moot. Plaintiffs, on the other hand, moved to dismiss both their infringement claim and Defendants’ counterclaim without prejudice. The Court decided to dismiss both the claim and the counterclaim as moot, without prejudice, reasoning that where a court dismisses cancelled patent claims as moot, it is a dismissal for lack of jurisdiction, which, by definition, is not a dismissal on the merits.

Case: Focus Prods. Grp. Int’l, LLC v. Kartri Sales Co., No. 15 Civ. 10154 (PAE) (SDA), Dkt. No. 539 (S.D.N.Y. June 5, 2023).