Indiana Patent Litigation: Curling Iron Patents the Subject of Second Indiana Lawsuit

Northern District of Indiana – The Beachwaver Co. of Libertyville, Illinois commenced intellectual property litigation in the Northern District of Indiana asserting infringement of patents pertaining to a rotating curling iron.

Defendant is T3 Micro, Inc. of Venice, California, which is accused of infringing Beachwaver’s U.S. Patent Nos. 9,398,796 (“the ‘796 patent”) and 9,504,301 (“the ‘301 patent”).  These patents have been issued by the U.S. Patent and Trademark Office.

Both patents are titled “Hair Styling Device.”  One of the two patents was the subject of at least one additional lawsuit in Indiana recently.  That lawsuit, filed in October, covered only the ‘796 patent but included counts for both direct and induced infringement.  In contrast, in this litigation, Indiana attorneys for Plaintiff list only one count of infringement for each of the two patents-in-suit:

• Count 1: Direct Infringement of the ‘796 Patent
• Count 2: Infringement of the ‘301 Patent

Plaintiff asks the court for damages, including treble damages, as well as costs and attorneys’ fees.

The case, Case No. 3:16-cv-00858, does not appear to have been assigned yet to a specific judge.

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