Humangear, Inc. v. Industrial Revolution, Inc.
Infringement action filed 24 Jan 2023 in the United States District Court for the Western District of Washington and closed 5 Dec 2023, with 3 patents asserted. Recorded basis of termination: dismissed with prejudice.
Case record
- Patents involved
- US11540654B2US10555629B2US11503933B2
- Case no.
- 2:23-cv-00102
- Verdict cause
- Infringement action
- Court
- W.D. Wash.
- Court level
- District Court
- Case region
- Washington
- Chief judge
- Lauren King
- Trial level
- First instance
- Filed – Closed
- 24 Jan 2023 – 5 Dec 2023
- Duration
- 315 days
- Basis of termination
- Dismissed with Prejudice
- Products & marks
- Eating utensil system
Check this patent against your own product
Prior art, claim scope, infringement exposure and design-around routes. Every answer cites the records behind it.
Get an FTO claim chart- 01Ranked prior artEvery hit source-linked
- 02Claim-level comparisonAgainst your own product
- 03Legal statusAcross 174 jurisdictions
Eating utensil system
A combination spoon and fork system capable of being stored in a nested configuration or used as a combination eating utensil with the spoon and fork connected end to end. An interlocking mechanism can interlock the spoon and fork in either the nested position or in the end to end configuration. The interlocking system allows the handle of the spoon to slide between rails on the handle of the fork and to snap and lock the spoon in place either nested with the fork or end to end with the fork to form an elongated combination eating utensil. The spoon and fork of the system can also be used separately from one another.
- Legal status
- Active
- Granted
- 3 Jan 2023
- Est. expiry
- 11 Mar 2034
- Validity challenges
- None recorded
- Licences recorded
- None recorded
- Inventors
- MIKSOVSKY, CHRISTOPHER A. · SLONE, CLINT N. · CHAUBERT, EVELYNE · NGHIEM, CHARLIE · LANE, ROBERT CHARLES · DOWNING, JONATHAN PAUL
- Classification
- A47G21/06A47G21/02A47G21/04
- Prosecution counsel
- Beyer Law Group LLP
- Examiner
- PRONE, JASON DANIEL
Eating utensil system
A combination spoon and fork system capable of being stored in a nested configuration or used as a combination eating utensil with the spoon and fork connected end to end. An interlocking mechanism can interlock the spoon and fork in either the nested position or in the end to end configuration. The interlocking system allows the handle of the spoon to slide between rails on the handle of the fork and to snap and lock the spoon in place either nested with the fork or end to end with the fork to form an elongated combination eating utensil. The spoon and fork of the system can also be used separately from one another.
- Legal status
- Active
- Granted
- 11 Feb 2020
- Est. expiry
- 11 Mar 2034
- Validity challenges
- 1 on recordIPR2023-01174 · Patentability · filed by Industrial Revolution, Inc.
- Licences recorded
- None recorded
- Inventors
- MIKSOVSKY, CHRISTOPHER A. · SLONE, CLINT N. · CHAUBERT, EVELYNE · NGHIEM, CHARLIE · LANE, ROBERT CHARLES · DOWNING, JONATHAN PAUL
- Classification
- A47G21/06A47G21/02A47G21/04
- Prosecution counsel
- Beyer Law Group LLP
- Examiner
- PRONE, JASON DANIEL
Also asserted in this case
1 moreThe docket lists 3 asserted patents. Full bibliographic detail, drawings and prosecution history for the remaining asserted patent are one query away in Eureka.
Parties of record
Humangear, Inc.
- Core tech
- A47G21/06A47G21/02A47G21/04
- Counsel
- Jacob P. Freeman · Robert W. Payne
- Firm
- Payne IP Law, Savitt Bruce & Willey, LLP
Industrial Revolution, Inc.
- Core tech
- Not recorded
- Counsel
- Kevin S. Costanza · Marc C. Levy
- Firm
- Seed Intellectual Property Law Group PLLC
Counsel of record
| Attorney | For | Role |
|---|---|---|
| Jacob P. Freeman | Humangear, Inc. | Plaintiff |
| Robert W. Payne | Humangear, Inc. | Plaintiff |
| Kevin S. Costanza | Industrial Revolution, Inc. | Defendant |
| Marc C. Levy | Industrial Revolution, Inc. | Defendant |
Basis of termination
From the record · verbatim“Plaintiff/counterclaim-defendant humangear, inc., and defendant/counterclaim-plaintiff Industrial Revolution, Inc. have finalized a settlement agreement and will not request reinstatement of the action. The parties, by and through their undersigned counsel, hereby request the Court to dismiss this lawsuit with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), with each party to bear its own costs, attorneys’ fees, and expenses.”
Case 2:23-cv-00102 · W.D. Wash. · closed 5 December 2023
Related cases
Three questions this record usually leads to. Each one runs against the full litigation and patent corpus, and cites what it finds.
Frequently asked questions
What is case 2:23-cv-00102?
2:23-cv-00102 is a patent infringement action brought by Humangear, Inc. against Industrial Revolution, Inc., filed on 24 Jan 2023 in the United States District Court for the Western District of Washington. The case closed on 5 December 2023.
Which patents were asserted in 2:23-cv-00102?
US11540654B2 (“Eating utensil system”), assigned to HUMANGEAR, INC., currently active; US10555629B2 (“Eating utensil system”), assigned to HUMANGEAR, INC., currently active; US11503933B2 (“Eating utensil system”), assigned to HUMANGEAR, INC.. The record also lists Eating utensil system.
How was case 2:23-cv-00102 terminated?
The recorded basis of termination is dismissed with prejudice. The termination text reads: “Plaintiff/counterclaim-defendant humangear, inc., and defendant/counterclaim-plaintiff Industrial Revolution, Inc. have finalized a settlement agreement and will not request reinstatement of the action. The parties, by and through their undersigned counsel, hereby request the Court to dismiss this lawsuit with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), with each party to bear its own costs, attorneys’ fees, and expenses.”
What does dismissal with prejudice mean?
A dismissal with prejudice permanently ends the claims that were filed, so the same claims cannot be brought again against that defendant. It is the usual form when the parties have settled.
How long did case 2:23-cv-00102 take?
315 calendar days, from filing on 24 Jan 2023 to closure on 5 December 2023.
Who were the attorneys and the judge in 2:23-cv-00102?
Chief Judge Lauren King presided. Jacob P. Freeman and Robert W. Payne are recorded as counsel for plaintiff Humangear. Kevin S. Costanza and Marc C. Levy appear for defendant Industrial Revolution.
Disclaimer. This page reproduces publicly available court docket data for case 2:23-cv-00102 and is provided for general information and reference only. It is not legal advice and must not be relied upon as such.
Docket data has limits. Records are drawn from a snapshot and may lag the live docket. Sealed filings, amended complaints, counterclaims and post-closure motions may not be reflected. Party names, attorney names and firm affiliations are reproduced as recorded and may contain omissions. Where a field is absent from the record, this page marks it as not recorded rather than inferring a value.
No characterisation of the parties or the outcome. This page reports what the record contains. Nothing here should be read as an assertion that any party infringed, that any patent is valid or invalid, that any settlement occurred, or that any party prevailed.
No FTO or validity opinion. Nothing on this page constitutes a freedom-to-operate, novelty, validity or infringement opinion. Any decision touching a live patent dispute should be verified independently and reviewed with qualified patent counsel.