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A Patent Infringement Case We Won for Our Client - Chicago Patent Attorney Rich Beem Discusses - YouTube
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Hi. I'm Rich Beem. I'm a patent
attorney in Chicago and I'd like
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to tell you about a particular
patent matter - a particular
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case that we handled for a
client. It's a matter of public
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record in Chicago federal court.
This is the product that is the
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subject of the invention. Our
client in this case is a company
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called DYL. They are located in
Taiwan. And they located us and
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chose us because they wanted a
patent specialty firm here in
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Chicago to handle their patent
case. Let me tell you a little
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bit about the invention. You
can see that this is very nice,
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handy thing that can be carried
by this handle. Now what is it?
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It is a pet food container. And
the way it works is you can
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remove this handle, you can take
off one of the lids, and you can
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remove the bowl and have the
other lid, and this is a pet
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food container. So you can put
pet food in here. This is for
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people that travel with their
pets. And you can put some of
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the pet food in one of the bowls
and some of the pet food in the
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other bowl, so if you have two
dogs they can both eat at the
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same time. Or you can put pet
food in one of the containers
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and put water in the other
container. And that's what the
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nature of this invention is.
They had a design patent on this
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invention. A design patent
covers the ornamental aspects.
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And it is a very nice looking
product as you can see. It fits
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together very nicely and it
makes a nice package that's
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ready for travel. So that's what
the design is. And it says on
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here "Patent Pending USA. China
Pat. Taiwan. Germany, Patent
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Pending." It says the same thing
on the other side and there is
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some information here. This is
the Traveltainer product. Now,
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one of the things that happens
when you have a good invention
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is people will copy it. They
will copy it because it's a nice
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product and they will say, "I
want to have that product, too.
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I don't necessarily want to pay
the patent owner for it, but I'm
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going to make my own product to
compete with it." Let me show
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you an example of what actually
happened in this case. This is
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another pet food container, this
one right here. This is the
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original one, the Traveltainer.
And this is another one that was
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called a Traveling Pet Kit that
was sold by another company. We
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filed a lawsuit, a complaint for
patent infringement against this
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product. You can see that they
are very similar. This one is
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heart-shaped but has the same
kind of C-shaped handle, it has
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the same kind of blue bowl here,
and the same kind of...blue bowl
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here, and it has the same kind
of pet food container except
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this one is heart-shaped. You
can see the similarities in the
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design and on that basis we
filed a complaint for patent
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infringement. This case had a
very happy ending. We, instead
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of, hammering the defendant
with a summons we sent them a
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complaint as a courtesy copy and
asked them to contact us to see
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if we can work this out in a
friendly way. They did contact
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us, they expected service of the
complaint, and we worked it out.
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We negotiated this with the
magistrate in federal court and
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we worked out a settlement. And
the nice result of this for our
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client is within about two
months after we filed the patent
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infringement suit, we reached a
settlement. We entered an agreed
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judgment - a stipulated judgment
- that acknowledged our client's
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patent was valid, that was
infringed by this product, there
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was an agreed injunction where
the maker of this product agreed
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that they would not sell it
anymore and there was a payment
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of damages to our client in
Taiwan for the sales of the
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infringing product. So it was a
very happy ending. You may have
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an invention. You may
have a situation of patent
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infringement. That's the kind of
thing we handled here at Beem
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patent law firm. If you have
such a matter, call us.
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I can be reached at
312-201-0011. Thank you!
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