On January 22, 2013, Kason Industries, Inc. ("Kason"), a New York corporation based in Newnan, Georgia, filed a complaint in the Northern District of Georgia against Component Hardware Group, Inc. ("CHG"), a Delaware corporation based in Lakewood, New Jersey, alleging that CHG is infringing United States Patent No. 7,571,887 ("the '887 patent") through its sale of certain commercial refrigeration and restaurant equipment hardware.
According to the complaint, since the 1920s Kason has been in the business of developing refrigeration and restaurant equipment hardware. Kason alleges that CHG competes with Kason in the refrigeration and restaurant equipment hardware industry, and that CHG "promotes, offers to sell, provides and sells refrigeration and restaurant equipment hardware products, including, but not limited to, its adjustable support (Accused Product), which infringes, includes and/or practices one or more of the inventions in the '887 Patent." The '887 patent, titled "HEIGHT ADJUSTABLE SUPPORT FOR FOOD SERVICE EQUIPMENT," issued on August 11, 2009 and generally relates to adjustable supports for various restaurant equipment. Kason asks that the Court enjoin CHG from making, using, offering to sell, selling, or importing the Accused Product, enter judgment that CHG has willfully infringed such that any damages awarded be trebled under 35 U.S.C. § 284, declare the case exceptional under 35 U.S.C. § 285 and award Kason its attorneys' fees and costs.
The case is Kason Industries, Inc. v. Component Hardware Group, Inc., Case No. 3:13-cv-12-TCB, United States District Court for the Northern District of Georgia, Atlanta Division, and is assigned to U.S. District Judge Timothy Batten.Copyright © 2014 Womble Carlyle Sandridge & Rice, PLLC. All Rights Reserved.