Apparently tooth brushes with rigid handles are a big problem for correctional facilities. Inmates routinely sharpen them into weapons to be used to stab and slash fellow inmates. Loops, LLC, solved this problem by developing a flexible toothbrush. (law professors take note, people are
still coming up with new ways to make a toothbrush). Loops asserted infringement of US Patent No. 7,334,286 against Amercare Products, Inc., a competitor in the (lucrative?) market for safe inmate hygiene products. Loops moved for a preliminary injunction and Judge Martinez denied the motion based on Amercare's claims that it had only sold product prior to the patent's issue date of February 26, 2008. With no evidence of sales during the patent's term and no evidence of future sales that could be infringing, Loops could not show a likelihood of success on the merits.
Loops%20v%20Phoenix%20Trading%20Co%20Order%20Denying%20MPI.pdfLabels: amercare, judge martinez, loops, preliminary injunction, seattle patent litigation
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