Indiana Intellectual Property Law News
Indianapolis, Indiana – Indiana patent attorneys for Intex Recreation Corporation (“Intex”) of Long Beach, California filed a patent infringement complaint in the Southern District of Indiana alleging that Bestway (USA), Inc. (“Bestway”) of Phoenix, Arizona infringed “Inflatable Flotation Device Having Removable Canopy,” Patent No. 6,749,474, which has been registered by the U.S. Patent Office.
Intex and Bestway compete in the business of selling inflatable pool products and accessories. In this Indiana patent lawsuit, Intex contends that Bestway has made, used, offered to sell, sold, and/or imported into the United States, inflatable products that infringe one or more claims of United States Patent No. 6,749,474 (“the ‘474 Patent”), which relates to an inflatable flotation device having a removable canopy and which Intex indicates it owns. Intex claims that Bestway’s accused products are or were available, and are or were being offered for sale and sold, via the internet on at least Amazon.com and at Kmart stores and/or Kmart’s website, including to customers located within Indiana. Intex claims that one example of an infringing product offered by Bestway’s is Bestway’s UV Careful™ Baby Care Seats.
In this Indiana patent litigation, a single count is alleged: infringement of U.S. Patent No. 6,749,474. Intex contends that Bestway’s infringement of the ‘474 Patent is willful and justifies a trebling of damages pursuant to 35 U.S.C. § 284. Further, it asserts that is an exceptional case supporting an award of reasonable attorneys’ fees pursuant to 35 U.S.C. § 285. Intex, via its Indiana patent lawyers, asks that the court:
- Order, adjudge, and decree that U.S. Patent 6,749,474 is valid, enforceable, and infringed by Bestway;
- Enter a permanent injunction against Bestway enjoining it, its directors, officers, agents, employees, successors, subsidiaries, assigns, and all persons acting in privity or in concert or participation with Bestway from making, using, selling, or offering for sale in the United States, or importing into the United States, any and all products and/or services embodying the patented inventions claimed in the ‘474 Patent;
- Award Intex its damages for patent infringement, and prejudgment and post-judgment interest, pursuant to 35 U.S.C. §284;
- Order, adjudge, and decree that Bestway’s infringement of the ‘474 Patent has been deliberate and willful, and award Intex treble damages under 35 U.S.C. § 284; and
- Find that this case is “exceptional” under 35 U.S.C. § 285, and award Intex its costs and reasonable attorney’s fees as provided in 35 U.S.C. § 285.
The suit was filed by R. Trevor Carter and Trenton B. Morton of Faegre Baker Daniels LLP. The case was assigned to Judge William T. Lawrence and Magistrate Judge Denise K. LaRue in the Southern District of Indiana and assigned Case No. 1:14-cv-01952-WTL-DKL.