Skyline USA, Inc. (Skyline) recently filed two complaints asserting infringement of a design patent directed to a combined flashlight and stun gun.

In the first complaint filed February 7, 2014, Skyline alleged infringement by Cutting Edge Products, Inc. (Cutting Edge), in the Middle District of Florida, Orlando division (6:14-cv-212-ORL-36GJK).

The complaint relates to Design Patent No. D671,249 (‘249 patent), which issued November 20, 2012, and claimed a combined flashlight and stun gun. Figure 1 of the ‘249 patent, as shown in the complaint, is reproduced below.

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In the complaint, Skyline alleges Cutting Edge offered to sell, and sold, combined flashlights and stun guns within the scope of the ‘249 patent. Skyline further alleged the accused product shared the "distinctive overall appearance, which includes without limitation a scalloped bezel and distinctive handle" shown in the ‘249 patent.

Skyline asserts willful infringement by Cutting Edge of the ‘249 patent. A representation of the alleged infringing Cutting Edge Product, as shown in the complaint, is reproduced below.

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Skyline requested treble damages, an award of attorney fees, as well as prejudgment and post judgment costs. Skyline also demands Cutting Edge be permanently enjoined from infringing the ‘249 patent.

Skyline filed a similar second complaint February 7, 2014, alleging infringement by M.A.S. Ga LLC d/b/a/ S&D Wholesale (S&D Wholesale), in the Middle District of Florida, Orlando division (6:14-CV-210-ORE-28K), regarding the ‘249 patent.

The complaint includes a side by side comparison of the ‘249 patent and of the S&D Wholesale product, and alleges the two share a "distinctive overall appearance, which includes without limitation a scalloped bezel and distinctive handle." A rear elevational view and a bottom plan view of the ‘249 patent and accused S&D Wholesale product, as shown in the complaint, are reproduced below.

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Skyline asserts willful infringement by S&D Wholesale of the ‘249 patent, and made requests identical to those in its complaint against Cutting Edge.

Both of these cases are ongoing.