"The opinion, authored by Circuit Judge Chen, with Chief Judge Moore and Circuit Judge Clevenger joining, held that while the U.S. District Court for the Southern District of New York properly denied Kartri Sales Co., Inc.'s and Marquis Mills, International, Inc.'s venue transfer motion and unclean hands defense, it erred in several of its infringement findings and damages awards."
"Focus Products Group International, LLC and related entities had "invented and obtained several patents on a type of shower curtain-a 'hookless' curtain-that does not require hooks to attach the curtain to a shower rod but instead provides a series of openings along the curtain's top end, reinforced by rings, to receive the shower rod." The U.S. Patent Nos. 6,494,248, 7,296,609, and 8,235,088, explain that the openings and reinforcing rings are designed to permit "a curtain...to be attached to a mounting rod without the need for hanging support hooks [or] clips...while also avoiding the need to remove the rod from its supports.""
Focus Products owns patents for a hookless shower curtain design using reinforced openings and rings to hang a curtain without hooks or removing the rod. Focus sold the curtains under HOOKLESS® and EZ ON trademarks and asserted trade dress rights in the curtain appearance. Focus sent a February 2015 cease-and-desist to Kartri accusing it of using patented technology on Kartri's Ezy-Hang curtains. The Federal Circuit affirmed the Southern District of New York's denial of Kartri's venue transfer motion and the rejection of an unclean hands defense, but found errors in several infringement findings and damages awards and remanded for a new trial.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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