Patent Owners Allowed to Warn Buyers about Competitor's Infringing Products: Judkins v. HT Window Fashion Corp.

Holding:

In this case about a patent relating to window coverings, the Federal Circuit upheld the right of a patent holder to warn customers of his competitor that the product they purchase may be infringing. In so ruling, the Federal Circuit affirmed the district court’s order that denied defendant-appellant HT Window Fashion Corp.’s (“HT”) application for injunctive relief. HT sought to restrain patent owner Ren Judkins (“Judkins”) from sending out warning letters to HT’s customers about the infringing products they buy. However, the Federal District held that HT failed to establish likelihood of success on the merits of its Lanham Act claim. Despite HT’s assertions that Judkins knew that his patent was unenforceable, the Federal Circuit ruled that HT failed to show that Judkins acted in bad faith. Therefore, there was no error in denying HT’s motion.

Detailed Summary:

Plaintiff-appellee Judkins filed an infringement suit against defendant-appellant HT over his patent relating to window coverings.  HT filed counterclaims, alleging among others, unfair competition under Section 43(e) of the Lanham Act, 15 U.S.C. Section 1125(a), by sending HT’s customers and potential customers letters to warn them that an HT product infringed his patents.

The U.S. District Court for the Western District of Pennsylvania denied HT’s motion for a preliminary injunction on the counterclaim.  Judkins v. HT Window Fashions Corp., 514 F. Supp. 2d 753, 765 (W.D. Pa. 2007). HT then appealed this denial before the Court of Appeals for the Federal…

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