Wednesday, November 04, 2015

C&A Marketing sues GoPro, asserting Hero4 Session violates May 2015 design patent

C & A Marketing has sued GoPro in the federal district court of New Jersey (Newark vicinage), alleging infringement of a design patent

From the Wall Street Journal:

C&A Marketing Inc., the exclusive maker of Polaroid-branded cameras, filed a patent lawsuit against GoPro on Tuesday in U.S. District Court in Newark, N.J. C&A alleges GoPro’s Hero4 Session camera illegally copies the design of C&A’s Polaroid Cube camera, for which C&A obtained a U.S. design patent in May.

GoPro denies infringement

GoPro said several European Union patents for the Session and a U.S. patent for the Session’s plastic case, all issued in March, show “that GoPro was working on Hero4 Session well before the competitor filed for its patent, which covers its own product—not GoPro’s.” The company said it is still awaiting a U.S. patent for the Session that it applied for last year.

Keep in mind, under the AIA, one lives in a "first to file" environment.



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