MGB Attorneys Succeed in Patent Infringement Suit Dismissal

February 18, 2008

Marshall, Gerstein & Borun LLP attorneys were instrumental in causing a four-year old patent infringement suit to be dismissed by the patent owner, after the federal district court’s decision on patent claim construction made proving infringement impossible. The patents were directed to the manufacture and use of photograph-based camouflage designs on clothing. Charged with infringement were outdoor equipment and clothing retailers Cabela’s, represented by Marshall Gerstein, and Bass Pro Shops and the developer of RealTree® camo designs, Jordan Outdoor Enterprises, among others. The Marshall Gerstein attorneys briefed and argued at the Markman Hearing that the patent claims could not cover garments bearing a repeating pattern. The fabric from which camo garments are made bears a repeating pattern. The court adopted the position advocated by MGB in its ruling dated January 11, 2008, whereupon the patentee consented to a voluntary dismissal of the case with prejudice. The Marshall Gerstein attorneys were Thomas I. Ross and Michael R. Weiner. [So. District of Ohio Case No. 2:03-cv-895]

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