This case was last updated from U.S. District Courts on 01/28/2022 at 07:37:15 (UTC).

Whirlpool Corporation v. Bumperr Ltd.

Case Summary

On November 29, 2021, Whirlpool Corporation (“Plaintiff”), represented by Melissa Richards Smith of Gillam & Smith, LLP, filed an intellectual property lawsuit against Bumperr Ltd. (“Defendant”), seeking injunctive relief and damages along with interests, for the Defendant’s alleged infringement of the United States Patent owned by the Plaintiff. This case was filed in U.S. District Court in the Eastern District of Texas with Judge Rodney Gilstrap presiding.

 

The Plaintiff filed this complaint for the alleged infringement of United States Patent No. 7,000,894 (“the ’894 patent”) entitled “Fluidic Cartridges and End Pieces Thereof.” owned by the Plaintiff.

 

In their complaint, the Plaintiff alleged that, “Defendant is offering for sale and selling the accused products via the website www.waterfilter-system.com. Defendant drives online consumer traffic to its website through advertisements placed with search engines such as Google. Whirlpool is the owner by assignment of the entire right, title and interest in and to the ’894 patent, including the right to sue and recover past, present, and future damages for infringement. Whirlpool manufactures products that practice the ’894 patent, including Whirlpool “Filter 1” and “Filter 3” refrigerator water filters, and marks such products with the ’894 patent.”

 

The Plaintiff further alleged that, “Defendant directly infringes one or more claims of the ’894 patent, including but not limited to at least claim 1 by making, using, selling and/or offering to sell in the United States or importing into the United States infringing filters, including (1) TianQuan-branded filters bearing model numbers No. 1 Filter or No. 3 Filter, Ocean Gojeyi- branded filters bearing model numbers No. 1 Filter or No. 3 Filter, and WFS-branded filters bearing model numbers “Filter 1,” “Filter 3,” “46 9083,” “46 9030,” “46-9081,” and “46-9930”. Defendant directly infringes at least claim 4 by making, using, selling and/or offering to sell in the United States or importing into the United States infringing filters.”

 

The Plaintiff also alleged that, “Defendant indirectly infringes through induced and/or contributory infringement, the ’894 patent. On information and belief, Defendant had prior knowledge of the ’894 patent, such as through Whirlpool’s marking of Filter 1 and 3 products, Whirlpool’s extensive enforcement actions, and Defendant’s procurement of the accused products that purport to be replacements for the Whirlpool Filter 1 or Filter 3 model filters. Despite Defendant having notice of the ’894 patent, Defendant continues to make, use, sell and/or offer to sell and provide installation, operational support, and instructions for infringing filters, including with the knowledge or willful blindness that its conduct will induce Defendant’s customers to infringe the ’894 patent.”

 

The Plaintiff’s only claim for relief is for the alleged infringement of the ‘894 Patent. 

 

In its prayer for relief, the Plaintiff has requested the Court to enter a preliminary and permanent injunction preventing Defendant and its respective officers, from engaging in infringing activities with respect to the ’894 patent by making, using, offering to sell, selling, importing into the United States; to enter a preliminary and permanent injunction that requires that if Defendant is in violation of any aspect of the Court’s injunction relating to infringing conduct on the www.waterfilter-system.com website more than 30 days after entry of the injunction, that the court award damages for the willful and deliberate infringement of the ’894 patent to which Whirlpool is entitled; and that the Court enter a judgment that the ’894 patent is not invalid and that the ’894 patent is enforceable along with all such other relief as the Court may deem appropriate.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00432

  • Filing Date:

    11/29/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Rodney Gilstrap

Referral Judge

Roy S. Payne

 

Party Details

Plaintiff

Whirlpool Corporation

Defendant

Bumperr Ltd.

Attorney/Law Firm Details

Plaintiff Attorney

Melissa Richards Smith

Attorney at Gillam & Smith, LLP

303 South Washington Avenue

Marshall, TX 75670

 

Court Documents

#1

(#1) COMPLAINT against Bumperr Ltd. ( Filing fee $ 402 receipt number 0540-8688140.), filed by Whirlpool Corporation. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Smith, Melissa) (Entered: 11/29/2021)

1 #1

Exhibit A

1 #2

Civil Cover Sheet

#2

(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Smith, Melissa) (Entered: 11/29/2021)

#3

(#3) CORPORATE DISCLOSURE STATEMENT filed by Whirlpool Corporation (Smith, Melissa) (Entered: 11/29/2021)

#4

(#4) SUMMONS Issued as to Bumperr Ltd.. (ch, ) (Entered: 11/29/2021)

#5

(#5) AFFIDAVIT of Service for Complaint served on Bumperr Ltd on 12/08/2021, filed by Whirlpool Corporation. (Smith, Melissa) (Entered: 12/27/2021)

#6

(#6) Request by Whirlpool Corporation for Clerk's Entry of Default against Bumperr Ltd.. (Attachments: #1 Affidavit M. Smith)(Smith, Melissa) (Entered: 01/18/2022)

6 #1

Affidavit M. Smith

#7

(#7) Clerk's ENTRY OF DEFAULT as to Bumperr Ltd. (ch, ) (Entered: 01/18/2022)

 

Docket Entries

  • 01/18/2022
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  • Docket(#7) Clerk's ENTRY OF DEFAULT as to Bumperr Ltd. (ch, ) (Entered: 01/18/2022)

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  • 01/18/2022
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  • Docket(#6) Request by Whirlpool Corporation for Clerk's Entry of Default against Bumperr Ltd.. (Attachments: #1 Affidavit M. Smith)(Smith, Melissa) (Entered: 01/18/2022)

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  • 12/27/2021
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  • Docket(#5) AFFIDAVIT of Service for Complaint served on Bumperr Ltd on 12/08/2021, filed by Whirlpool Corporation. (Smith, Melissa) (Entered: 12/27/2021)

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  • 12/13/2021
  • DocketCASE REFERRED to Magistrate Judge Roy S. Payne. (ch, ) (Entered: 12/13/2021)

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  • 11/29/2021
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  • Docket(#4) SUMMONS Issued as to Bumperr Ltd.. (ch, ) (Entered: 11/29/2021)

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  • 11/29/2021
  • DocketIn accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ch, ) (Entered: 11/29/2021)

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  • 11/29/2021
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  • Docket(#3) CORPORATE DISCLOSURE STATEMENT filed by Whirlpool Corporation (Smith, Melissa) (Entered: 11/29/2021)

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  • 11/29/2021
  • View Court Documents
  • Docket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Smith, Melissa) (Entered: 11/29/2021)

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  • 11/29/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Bumperr Ltd. ( Filing fee $ 402 receipt number 0540-8688140.), filed by Whirlpool Corporation. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Smith, Melissa) (Entered: 11/29/2021)

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