In response to Freedom Grooming’s first motion to dismiss, Skull Shaver filed its Amended Complaint. Freedom Grooming moved to dismiss that Complaint on October 6, 2020.
#Freedom grooming series
On July 28, 2020, Skull Shaver filed its first Complaint, alleging Freedom Grooming’s Flex Series shavers infringe on Skull Shaver’s patents for the Electric Head Shaver. Freedom Grooming sells these Flex Series shavers exclusively through online channels for approximately $60. Freedom Grooming, which is also engaged in the design and sale of electric shaving products, sells a product called the “Eagle Flex Shaver” or the “Flex Series Grooming Kit.” See id.
8,726,528 (“Utility Patent”) to Skull Shaver for an “Electric Head Shaver.” See id. On May 20, 2014, The USPTO issued 1 041221 United States Patent No. D672,504 (“Design Patent”) to Skull Shaver for an “Electric Head Shaver.” See id. On December 11, 2012, the United States Patent and Trademark Office (USPTO) issued United States Design Patent No. BACKGROUND Skull Shaver designs and sells electric shaving products worldwide. Accordingly, Freedom Grooming’s motion is denied, and Skull Shaver’s design patent infringement claim may proceed. Following review of the Amended Complaint, Skull Shaver has alleged facts sufficient to sustain a design patent infringement claim at this stage of the litigation. Freedom Grooming files the present partial motion to dismiss, seeking dismissal of Count II of the Amended Complaint, Skull Shaver’s design patent infringement claim. Skull Shaver brings this action against Freedom Grooming, alleging claims of utility patent infringement, Count I, and design patent infringement, Count II. ApINTRODUCTION Plaintiff Skull Shaver, LLC and Defendant Freedom Grooming both design and sell electric grooming products. 5:20-cv-03670 OPINION Motion to Dismiss for Failure to State a Claim, ECF No. : : : : FREEDOM GROOMING, : Defendant and Counter Claimant. 13 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA SKULL SHAVER, LLC, Plaintiff and Counter Defendant, v.
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