The substance of the design patent infringement claims are not yet publicly-available but, judging from the prayer for relief....I'm not optimistic as to their quality:
https://storage.courtlistener.com/recap/gov.uscourts.ilnd.454648/gov.uscourts.ilnd.454648.1.0.pdf
(For anyone who doesn't know, this allegation makes two deep, fundamental errors of law. You can't get both profits AND damages and profits cannot be trebled.)
Max'is Creations (represented by SRIPLAW) is again asking for trebled § 289 damages in a #ScheduleA case, and a magistrate judge has recommended awarding them:
In support of this recommendation, the magistrate relies on a decision in an earlier Max'is case, No. 1:21-cv-22920, 2022 WL 104216, at *9 (S.D. Fla. Jan. 11, 2022).
But that decision is contrary to settled Federal Circuit precedent AND is not supported by the SDNY case Max'is cites.
Shenzhen Kean Silicone Product Co. Ltd v. Group Vertical - New complaint alleges design patent infringement and seeks "three times Defendant’s profits" as a remedy (nope, that's still not a thing).
https://storage.courtlistener.com/recap/gov.uscourts.ilnd.446069/gov.uscourts.ilnd.446069.1.0.pdf
#SRIPLAW again tells a court that their client is are entitled to treble damages when they aren't.
For those who don't know: "Total profits" awards can't be trebled. That's well established. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3033231
This is the second time I've seen this law firm ask for trebled § 289 damages on behalf of this client. I wonder how many other times they've asked--and how many times judges have granted it.
