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Patent Infringement Suit By Engineered by Schildmeier LLC Commenced Against Wuhu Xuelang Auto Parts Co., Ltd and Amazing Parts Warehouse (Oct. 18, 2018, U.S. District Court for Southern District of Indiana)

In this action, the plaintiff, Engineered By Schildmeier, LLC (“Schildmeier”) is suing the Defendants, Amazing Parts Warehouse (“APW”) and Wuhu Xuelang Auto Parts Co., Ltd (“Wuhu Xuelang”) for the latter’s allegedly “conscious, systematic, and willful pattern of patent infringement”. Schildmeier, formed under the laws of Indiana, after filing their application on December 2, 2015, were issued United States Patent No. D 816, 584 for the “Pair Of Bed Rail Stake Pocket Covers” on May 1, 2018. According to Schildmeier’s complaint, APW, organized under the laws of Kentucky, and Wuhu Xuelang, a business entity in the People’s Republic of China have offered their own “pair of bed rail stake pocket covers” for sale on individual websites, such as Amazon and Ebay, that are “not only identical, but substantially the same” and “confusingly similar”. Furthermore, the plaintiff’s causes of action claim ‘unfair competition’ and ‘trade dress infringement.’ As such, Schildmeier is suing for damages, a declaratory judgment of “design patent validity”, “trade dress validity” and infringement, and the preliminary and permanent enjoining of the Defendants from further infringement.

Written by Derek Tai

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