DCT
2:10-cv-00412
O'Dorsay Inc v. Intl Housewares Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: O'Dorsay, Inc. (California)
- Defendant: International Housewares, Inc. (New Jersey)
- Plaintiff’s Counsel: CONNOLLY BOVE LODGE & HUTZ LLP
- Case Identification: 2:10-cv-00412, C.D. Cal., 01/20/2010
- Venue Allegations: Plaintiff alleges venue is proper because Defendant conducts business and has committed the alleged acts of patent infringement within the Central District of California.
- Core Dispute: Plaintiff alleges that Defendant’s "Hair Wow" hairclip infringes a patent related to a hairclip constructed with an elongated body and a flexible, non-elastic tightening band.
- Technical Context: The technology concerns mechanical hair accessories designed to provide a secure and decorative way to hold long hair without relying on elastic materials that can degrade over time.
- Key Procedural History: The complaint alleges that Plaintiff provided Defendant with written notice of infringement prior to filing the lawsuit. It also states that Plaintiff's own commercial products are marked with the patent number.
Case Timeline
| Date | Event |
|---|---|
| 1996-09-25 | '908 Patent Priority Date |
| 1998-06-30 | '908 Patent Issue Date |
| 2010-01-20 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 5,771,908 - "Hairclip," Issued June 30, 1998
The Invention Explained
- Problem Addressed: The patent's background section identifies a need for a hairclip for long hair that combines the advantages of "easy installation, firm holding of the hair, and decorative character" ('908 Patent, col. 1:12-15).
- The Patented Solution: The patent describes a two-part hairclip comprising an "elongated central body" and a separate "flexible but non-elastic band" ('908 Patent, Abstract). The body has a slot at one end (the "head end") and tapers to a point at the other (the "tip end") ('908 Patent, col. 2:5-14). The band has a loop at each end; one loop engages and slides within the body's slot, while the other is sized to fit over the body's tip end. This arrangement allows a user to capture a bundle of hair, secure the band over the tip, and then slide the other end of the band to create tension, firmly holding the hair in place ('908 Patent, col. 2:38-48). Patent Figure 3 provides a side-view illustration of the assembled hairclip with the band engaged on the body (Compl. Ex. A, p. 9).
- Technical Importance: The invention's use of a "non-elastic" band, such as one made of flexible metal wire, is presented as an advantage over devices with organic elastic members that can "adversely age," providing a structure with "long life and repeatable utilization" ('908 Patent, col. 2:38-43, 54-56).
Key Claims at a Glance
The complaint alleges infringement of "one or more claims" but does not specify any particular claims (Compl. ¶11). The patent's first independent claim, Claim 1, contains the following essential elements:
- An elongated central body having a tip end, a head end, and a slot extending from near the head end toward the tip end.
- A flexible inelastic band with a first loop and a second loop at opposite ends.
- The first loop is received in and is movable through the slot.
- The second loop is sized to fit over the tip end of the body.
- The band has a specific length allowing the second loop to fit over the tip end when the first loop is at the far end of the slot, and then be tightened and retained when the first loop is moved back toward the head end.
III. The Accused Instrumentality
Product Identification
- The "Hair Wow" hairclip product (Compl. ¶13).
Functionality and Market Context
- The complaint identifies the Accused Products as hairclips made, used, offered for sale, and sold by International Housewares, including through its online website (Compl. ¶¶12-13). The complaint does not provide specific technical details about the structure, materials, or mechanism of operation for the "Hair Wow" product beyond its identification as a hairclip.
IV. Analysis of Infringement Allegations
The complaint makes general allegations of infringement without providing a detailed mapping of product features to claim limitations. The following chart summarizes the infringement theory as implied by the allegations against the "Hair Wow" hairclip (Compl. ¶¶ 11-13).
'908 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| an elongated central body having a tip end and a head end and a slot in said elongated central body extending from adjacent said head end toward said tip end | The "Hair Wow" product is alleged to be a hairclip that possesses an elongated body with a slot. | ¶13 | col. 2:65-col. 3:1 |
| a flexible inelastic band formed with a first loop and a second loop, said first and second loops being arranged end-to-end one another | The "Hair Wow" product is alleged to incorporate a flexible, inelastic band with loops at its ends. | ¶13 | col. 3:2-5 |
| said first loop being received in and movable through said slot | The "Hair Wow" product's band allegedly has a loop that engages with and moves within the body's slot. | ¶13 | col. 3:6-7 |
| said second loop being sized to fit over said tip end of said elongated central body, said inelastic band being of such length so that...said second loop is engaged and retained by said tip end | The "Hair Wow" product is alleged to have a second loop on its band that fits over the body's tip and is used to secure and tighten the hairclip. | ¶13 | col. 3:8-14 |
- Identified Points of Contention:
- Technical Questions: A primary question is factual and evidentiary: does the "Hair Wow" product actually possess the specific structural components recited in Claim 1? The complaint does not contain photographs or detailed descriptions of the accused product, leaving open the question of whether it has a sliding loop-and-slot mechanism or a "flexible inelastic band." Patent Figure 1 shows the patented hairclip as applied to hold a bundle of hair, illustrating the intended function that the accused product is alleged to perform (Compl. Ex. A, p. 8).
- Scope Questions: The dispute may center on the definition of key terms. For example, does the material used for the band in the "Hair Wow" product meet the "inelastic" limitation, or does it possess a degree of elasticity that would place it outside the claim's scope?
V. Key Claim Terms for Construction
- The Term: "flexible inelastic band"
- Context and Importance: This term is a cornerstone of the invention, distinguishing it from conventional hair ties or clips using rubber or other elastomeric materials. The patent emphasizes the "non-elastic character of the band" as providing "long life and repeatable utilization" ('908 Patent, col. 2:54-56). The outcome of the case could depend on whether the band on the "Hair Wow" product is found to be "inelastic."
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: Practitioners may argue that "inelastic" should be construed broadly to mean any material not primarily designed for elastic stretch, contrasting it with traditional elastic. The term "flexible" is used alongside "inelastic," suggesting the focus is on the ability to bend without stretching ('908 Patent, col. 3:2).
- Evidence for a Narrower Interpretation: Practitioners may argue for a narrower definition tied to the patent's specific embodiment, which describes the band as "formed of...flexible wire, such as multi-stranded plated twisted steel wire" that is "stiff enough to hold the looped shape" ('908 Patent, col. 2:17-20). This could support a construction requiring a metallic or similarly non-stretching material.
VI. Other Allegations
- Indirect Infringement: The complaint alleges that Defendant actively induces infringement by "selling the Accused Products" to its "customers and/or resellers" (Compl. ¶14). The complaint does not, however, allege specific facts regarding how Defendant instructs or encourages its customers to use the product in an infringing manner.
- Willful Infringement: The complaint alleges that infringement has been willful and deliberate (Compl. ¶22(b)). This allegation is supported by the factual assertion that Plaintiff "provided International Housewares with written notice of its infringement of the '908 Patent" before filing the suit (Compl. ¶10).
VII. Analyst’s Conclusion: Key Questions for the Case
- A Core Evidentiary Question: What is the precise mechanical structure and material composition of the accused "Hair Wow" product? Lacking specific factual allegations in the complaint, the case will depend entirely on evidence produced during discovery to establish whether the accused product incorporates the specific loop, slot, and band configuration required by the patent's claims.
- A Key Claim Construction Question: How should the term "flexible inelastic band" be construed? The resolution of the dispute may turn on whether the band used in the "Hair Wow" product is determined to fall within the scope of this limitation, particularly in light of the patent's emphasis on distinguishing the invention from prior art using materials that degrade over time.