Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

The Green Pet Shop Enters. LLC v. European Home Design LLC

'Predefined Distance' Other Terms Construed in Denying Judgment as to Patent's Invalidity

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION AND ORDER In this suit, the Green Pet Shop Enterprises, LLC (“Green Pet Shop”) alleges that European Home Design, LLC (“European Home”) infringed its patent for a cooling platform for pets. European Home counters that the patent is invalid on indefiniteness grounds. Now pending are three motions filed by European Home — a motion for summary judgment and two motions to strike — as well as the parties’ briefing on claim construction of the disputed terms in the patent. For the reasons below, the motions to strike and for summary judgment are denied.BACKGROUNDThe disputed patent, U.S. Patent No. 8,720,218 (“the ’218 patent”), relates to a cooling platform that can be used for pets. See Docket No. 24 (“FAC”),

6, 21-25; Docket 57-1 (“Patent”), at 10, col. 1. The cooling platform can be used as a pet bed — that is, “as a place to rest or sleep, for pets such as cats and dogs.” Patent 10, col. 1. It can be made in different sizes and shapes. See id. at 11, col. 3. The basic makeup of the cooling platform includes different attached layers, including a “temperature regulation layer” and a “support layer,” all contained within a “covering layer.” Id. at 12 1. The figures in the patent illustrate this basic design by showing a cross-sectional view of the platform:Patent 5, figure 3; see id. at 10, col. 1. The figures also show a “top angled perspective” of the platform in two different versions (“alternative embodiments”) of the cooling platform:Patent 3, figure 1; id. at 7, figure 8; see id. at 10, col. 1 (describing the figures).Green Pet Shop, which owns the ’218 patent, sells a product that is covered by the patent, called the “Cool Pet Pad.” FAC

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Consulting Leaders in Technology 2024
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More
Go to Events Go to Webcasts
Attorney

Truly exceptional Bergen County New Jersey Law Firm is growing and seeks strong plaintiff's personal injury Attorney with 5-7 years plaintif...


Apply Now ›
ASSOCIATE: Commercial Litigation

Epstein Becker & Green is seeking an associate to joins its Commercial Litigation practice in our Columbus or Cincinnati offices. Ca...


Apply Now ›
BANKRUPTCY & COMMERCIAL LITIGATION ASSOCIATE

McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements