ATLeisure v. Lowe's: Offset Umbrella Patent Suit Settles After 398 Days
ATLeisure, LLC brought a patent infringement action against Lowe's Companies, Inc. and Lowe's Home Centers, LLC in the Middle District of Florida, asserting US8104492B2 covering an adjustable offset umbrella design. The parties jointly notified the court of a complete settlement after 398 days of litigation, resulting in a dismissal with prejudice.
Offset umbrella patent suit against Lowe's resolves by settlement
ATLeisure, LLC filed suit against Lowe's Companies, Inc. and Lowe's Home Centers, LLC on April 8, 2022, in the United States District Court for the Middle District of Florida (Case No. 6:22-cv-00682). The claim was for patent infringement, with ATLeisure asserting US8104492B2, a patent directed to an adjustable offset umbrella, against products sold through Lowe's retail channels.
The recorded basis of termination is 'Case Settled.' The docket order dated May 11, 2023 states that the court was advised by the parties' Joint Notice of Settlement that the action had been completely settled, and pursuant to Local Rule 3.09(b) the case was dismissed with prejudice, subject to a 60-day window for either party to move for entry of a stipulated final order or judgment. All pending motions were denied as moot.
The matter resolved after approximately 13 months without reaching trial or a published claim construction order, which is consistent with early-to-mid-stage settlement dynamics in single-patent retail infringement cases. The specific financial or licensing terms of the settlement are not disclosed in the available public record.
See Complete Case & Patent Analysis →Filing to Case Settled in 398 days
398 days — slightly above the median for single-patent infringement actions in the Middle District of Florida
US8104492B2 — Adjustable offset umbrella
Any manufacturer, importer, or retailer of adjustable offset umbrellas — particularly cantilevered or side-post designs — should treat US8104492B2 as a priority FTO target. ATLeisure has demonstrated a willingness to enforce this patent through district court litigation against a major national retailer. Product teams developing new patio umbrella configurations or sourcing offset umbrella SKUs from OEM suppliers should assess claim scope before commercialisation.
Official order — verbatim text
The court's May 11, 2023 order reflects a standard Local Rule 3.09(b) settlement closure: the court was advised of a complete settlement by joint notice and entered a dismissal with prejudice. No merits determination was made on infringement, validity, or damages. The 60-day reopening window is a procedural safeguard, not an indication of any unresolved substantive issue.
Case settled: what the agreed resolution means for both parties
Settlement under Local Rule 3.09(b): case dismissed with prejudice
The parties filed a Joint Notice of Settlement, triggering the court's Local Rule 3.09(b) procedure. The court dismissed the action with prejudice while preserving a 60-day window for either party to seek entry of a stipulated final order or judgment, or to reopen on good cause. This is a standard court-managed settlement closure mechanism in the Middle District of Florida.
Dismissed with prejudice on settlementATLeisure secures a resolution without a validity determination
As plaintiff, ATLeisure achieved a negotiated resolution without US8104492B2 being subjected to a final judicial validity or infringement ruling. The patent remains in force and its enforceability is unaffected by this dismissal. The specific commercial terms of the settlement — including any licensing arrangement — are not disclosed in the available public record.
Patent validity unchallenged by rulingLowe's avoids an adjudicated infringement finding
Lowe's Companies, Inc. and Lowe's Home Centers, LLC resolved the dispute before any court ruling on infringement or damages. The dismissal with prejudice means ATLeisure cannot re-litigate the same claims against the same defendants. The terms on which Lowe's settled — including any product modifications or payments — are not disclosed in the available public record.
No infringement finding on recordUS8104492B2 remains an active enforcement asset in the patio market
The settlement without a validity ruling leaves US8104492B2 fully enforceable. Other retailers and manufacturers of adjustable offset umbrellas remain exposed to the same patent. The case signals that ATLeisure is willing to enforce its IP through litigation, and the relatively swift settlement suggests Lowe's assessed litigation risk as commercially significant.
Patent enforceable against other market playersFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | ATLeisure, LLC | Company | Outdoor leisure products company — holder of US8104492B2 (adjustable offset umbrella)Search in Eureka ↗ |
| Defendant | Lowe's Companies, Inc. | Company | Major US home improvement retailer and its operating subsidiary, selling patio and outdoor furniture productsSearch in Eureka ↗ |
| Co-Defendant | Lowe's Home Centers, LLC | Company | Search in Eureka ↗ |
| Plaintiff counsel | Ryan Thomas Santurri | Attorney | Counsel for ATLeisure, LLCSearch in Eureka ↗ |
| Plaintiff counsel | Trevor Frederick Ward | Attorney | Counsel for ATLeisure, LLCSearch in Eureka ↗ |
| Plaintiff law firm | Allen, Dyer, Doppelt, & Gilchrist, PA | Law Firm | Representing ATLeisure, LLCSearch in Eureka ↗ |
| Presiding judge | Judge N/A | Judge | Florida Middle District CourtSearch in Eureka ↗ |
R&D signals in the adjustable offset umbrella IP space
Forward-looking patent and innovation intelligence derived from ATLeisure v. Lowe's — relevant to patio product designers, outdoor furniture OEMs, and retail buyers.
ATLeisure's enforcement footprint around US8104492B2
ATLeisure's assertion of US8104492B2 against a major retailer suggests the company views its patent position as commercially valuable. Investigating related applications filed from US12/435640 — including continuations, continuations-in-part, or divisionals — can reveal whether ATLeisure holds broader claim coverage across offset umbrella configurations.
Portfolio continuation riskFiling trends in cantilever and offset umbrella mechanisms
The offset umbrella segment has attracted increasing patent filings as outdoor living spending grew over the past decade. Mapping recent filings in cantilevered umbrella mechanics, tilt adjustment systems, and base anchoring technology can identify which assignees are building blocking positions and where white space exists for differentiated design.
Cantilevered umbrella IP trendsLowe's supplier base and private-label patio IP exposure
As a major retailer, Lowe's sources offset umbrella products from a network of OEM and private-label manufacturers. Understanding the patent posture of those upstream suppliers — and whether they hold design-around patents or have licensed US8104492B2 — is relevant intelligence for competing retailers and new market entrants.
Retail supply chain IP riskDesign-around opportunities in offset umbrella adjustment systems
With US8104492B2 in active enforcement, product teams should explore adjacent claim space: novel base stabilisation methods, wind-resistance features, motorised tilt mechanisms, and modular canopy systems. These areas may offer patentable differentiation while reducing freedom-to-operate risk relative to ATLeisure's existing claims.
Adjacent innovation pathwaysSimilar patent infringement cases involving outdoor product patents
Explore comparable patent infringement actions involving outdoor and patio product patents litigated in the Middle District of Florida and related district courts.
What this case signals for the outdoor leisure IP landscape
A settled infringement action against a major retailer keeps US8104492B2 live and sends a clear enforcement signal across the patio products sector.
Retailers carrying offset umbrella products face unresolved patent risk
Because the case settled without a validity ruling, US8104492B2 remains presumptively valid and enforceable. Any retailer or OEM selling adjustable offset umbrellas should assess whether their product falls within the patent's claims. A pre-emptive FTO analysis is the most efficient way to quantify exposure.
Early settlement suggests strong claim construction posture for ATLeisure
Resolution before claim construction or summary judgment typically suggests either that the defendant assessed infringement risk as non-trivial, or that early licensing economics made settlement rational. Either reading supports the view that US8104492B2 carries credible enforcement weight in the adjustable offset umbrella product category.
ATLeisure v Lowe's — key questions answered
ATLeisure, LLC asserted US8104492B2, a patent covering an adjustable offset umbrella, filed under application number US12/435640. The infringement action was brought in the Middle District of Florida against Lowe's Companies, Inc. and Lowe's Home Centers, LLC.
The recorded basis of termination is 'Case Settled.' The court's May 11, 2023 order states that the parties filed a Joint Notice of Settlement advising the court that the action had been completely settled, and the case was dismissed with prejudice pursuant to Local Rule 3.09(b). The specific terms of the settlement are not disclosed in the available public record.
No. The case settled before any judicial determination on validity or infringement. US8104492B2 remains presumptively valid and enforceable. No claim construction order or summary judgment ruling was published in this action.
The dismissal with prejudice prevents ATLeisure from re-asserting the same claims against the same defendants — Lowe's Companies, Inc. and Lowe's Home Centers, LLC — for the conduct at issue. It does not affect ATLeisure's ability to enforce US8104492B2 against other parties or in respect of future conduct.
The case was litigated in the United States District Court for the Middle District of Florida (Orlando Division). It was filed on April 8, 2022 and closed on May 11, 2023, a duration of 398 days.
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