DCT

2:24-cv-00506

Akerson Enterprises LLC v. Shenzhen Conglin E Commerce Co Ltd

Log In
Key Events
Amended Complaint

I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:24-cv-00506, W.D. Wash., 04/07/2025
  • Venue Allegations: Venue is alleged to be proper because the defendants are not U.S. residents, and they have conducted substantial business in the district, including through the Amazon.com marketplace headquartered in Seattle.
  • Core Dispute: Plaintiff alleges that Defendant’s multi-layered nursing bras infringe a patent related to a multi-layer nursing garment featuring a specific dual-hook clasp mechanism for independent layer detachment.
  • Technical Context: The technology pertains to specialized apparel for nursing mothers, focusing on designs that provide convenience and versatility for both breastfeeding and pumping.
  • Key Procedural History: The complaint does not reference prior litigation, patent office proceedings, or licensing history relevant to the patent-in-suit.

Case Timeline

Date Event
2016-09-04 U.S. Patent No. 10,231,491 Priority Date
2019-03-19 U.S. Patent No. 10,231,491 Issued
2024-01-XX Accused Product Launch Date (approximate)
2025-04-07 Amended Complaint Filed

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 10,231,491 - Multi-Layer Nursing Garment

The Invention Explained

  • Problem Addressed: The patent describes conventional nursing garments as often being "bulky, uncomfortable, unsafe, or difficult to handle" (’491 Patent, col. 2:17-19). It notes that opening and closing breast cups can be complex, and existing multi-layer garments may not offer sufficient versatility for a mother to easily switch between breastfeeding and pumping (’491 Patent, col. 2:3-15).
  • The Patented Solution: The invention is a multi-layered nursing garment where each breast cup has at least an inner and an outer layer that can be detached independently from the shoulder strap (’491 Patent, col. 6:21-26). The core of the solution is a clasp mechanism that features multiple attachment points—such as a single clasp with two hooks—allowing one clip attached to the outer layer and a second clip attached to the inner layer to be secured and released separately, enabling the user to "peel off" layers as needed (’491 Patent, col. 8:15-28; Fig. 6).
  • Technical Importance: This design aims to provide a nursing mother with a single garment that can be easily configured for different needs, such as fully opening the cup or just opening the outer layer to access a slit in the inner layer for pumping, without having to change clothes (’491 Patent, col. 2:39-44).

Key Claims at a Glance

  • The complaint asserts independent claim 16 and dependent claim 17 (Compl. ¶28).
  • The essential elements of independent claim 16 include:
    • A multi-layered nursing garment with a breast support (cups, straps, chest band).
    • Breast cups that include at least two different layers (an inner and an outer layer).
    • A clasp configured to attach both layers, with the clasp itself comprising two hooks.
    • A first clip for attaching the outer layer to a first hook on the clasp.
    • A second clip for attaching the inner layer to a second hook on the clasp.
    • A slit on the inner layer.
    • A final functional limitation wherein the outer layer is removable to allow selective breastfeeding through the slit on the inner layer.

III. The Accused Instrumentality

Product Identification

  • The "Upgraded 4-in-1 Bra with CozyFitClasp," also referred to as the "Original CozyFitClasp Pumping and Nursing Bra" (the "Accused Product") (Compl. ¶27).

Functionality and Market Context

  • The Accused Product is marketed as a versatile "4-in-1" bra for pumping, nursing, maternity, and everyday use (Compl. ¶27). The complaint alleges it is a multi-layered garment sold to U.S. consumers through online outlets, including Amazon.com and Momcozy.com (Compl. ¶¶26-27, 30).
  • Product imagery provided in the complaint shows a bra with distinct inner and outer layers, both of which connect to an attachment point on the shoulder strap. The complaint includes a screenshot from the product's marketing page which states, "Say goodbye to the hassle of changing bras," highlighting its multi-functionality (Compl. p. 11, ¶38).

IV. Analysis of Infringement Allegations

’491 Patent Infringement Allegations

Claim Element (from Independent Claim 16) Alleged Infringing Functionality Complaint Citation Patent Citation
A multi-layered nursing garment, comprising: a breasts support having a pair of breast cups, shoulder straps and a chest band... The Accused Product is a multi-layered nursing garment with these structural components. ¶38 (p. 12) col. 5:60-64
...where said breast cups include at least two different layers, including an inner layer and an outer layer; The Accused Product's breast cups have an inner layer and a distinct outer layer. A product image with arrows points to these two separate layers (Compl. p. 13, ¶38). ¶38 (p. 13) col. 6:18-21
a clasp is configured for attaching both of the two different layers, said clasp comprising two hooks; The Accused Product has a clasp on the shoulder strap with two distinct hooks for attaching the two layers. An annotated image shows the clasp mechanism (Compl. p. 13, ¶38). ¶38 (p. 13) col. 8:15-19
a first clip that is configured for attaching the outer layer with a first hook arranged on the clasp, The outer layer of the Accused Product has a clip that fastens to one of the hooks on the clasp. ¶38 (p. 14) col. 8:20-28
a second clip is configured for attaching the inner layer with a second hook arranged on the clasp, and The inner layer of the Accused Product has a separate clip that fastens to the second hook on the same clasp. ¶38 (p. 14) col. 8:20-28
a slit on the inner layer, The inner layer of the Accused Product contains a horizontal slit, shown in a product photograph with an arrow pointing to the opening (Compl. p. 15, ¶38). ¶38 (p. 15) col. 6:29-31
wherein, the outer layer is removeable for selective breastfeeding from the breast cups through the slit on the inner layer. The Accused Product's outer layer can be unclipped and pulled down, allowing access for a breast pump flange to be inserted through the slit in the inner layer. ¶38 (p. 16) col. 6:21-26
  • Identified Points of Contention:
    • Scope Questions: A potential dispute may arise over the definition of "a clasp... comprising two hooks." The litigation may focus on whether the accused clasp, which appears to be a single molded plastic component with two distinct attachment points, meets the claimed structure, or if the claim requires two more physically separate hook elements within the clasp assembly.
    • Technical Questions: The complaint alleges the Accused Product's outer layer is removable "for selective breastfeeding" through the slit (Compl. ¶38). Analysis may turn on whether the product's design and function, particularly the size and placement of the slit, align with the specific purpose of breastfeeding as contemplated by the patent, in addition to pumping.

V. Key Claim Terms for Construction

  • The Term: "a clasp ... comprising two hooks"
  • Context and Importance: This term is the structural core of the asserted independent claim, differentiating the invention from prior art that may have used single-hook clasps or different attachment mechanisms. The infringement analysis for every asserted claim will depend on whether the defendant’s single-piece attachment point is construed to be a "clasp" that "comprises" two distinct "hooks."
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The patent uses the open-ended term "comprising," which typically means "including, but not limited to." The specification also refers generally to a "clasp device" and a "clasp mechanism having separate attachment points," which could support construing the term to cover any single unit that provides two functionally distinct points of attachment, regardless of whether they are separately molded (’491 Patent, col. 2:45-48).
    • Evidence for a Narrower Interpretation: Figure 6 of the patent, which is referenced in the complaint, depicts a clasp with two clearly distinct and physically separate hook structures (’491 Patent, Fig. 6). A defendant may argue that this figure, along with the description that a "single clasp has two hooks" (’491 Patent, col. 8:15-16), defines the claimed structure as requiring more than just two attachment points on a single molded piece.

VI. Other Allegations

  • Indirect Infringement: The complaint focuses on direct infringement under 35 U.S.C. § 271(a), alleging that Defendants "sell, offer to sell, and import" the Accused Product (Compl. ¶39). The complaint does not plead specific facts to support claims of induced or contributory infringement.
  • Willful Infringement: Willfulness is alleged based on both pre-suit and post-suit conduct. The complaint alleges, "on information and belief," that the defendant had actual knowledge of the ’491 Patent prior to the lawsuit (Compl. ¶42). It further alleges that infringement became willful, at a minimum, after the defendant was served with the complaint and continued its allegedly infringing activities (Compl. ¶43).

VII. Analyst’s Conclusion: Key Questions for the Case

  • A core issue will be one of claim construction: can the term "a clasp comprising two hooks," which is illustrated in the patent with two physically distinct hook structures, be construed to read on the accused product's single, molded plastic clasp that incorporates two functional attachment points?
  • A second central question will be one of evidentiary proof: assuming a favorable claim construction, the plaintiff will need to demonstrate through testing, product teardowns, or other evidence that the accused bra's components and multi-layer system function in the precise manner required by each limitation of the asserted claims, particularly the final "wherein" clause regarding removability for breastfeeding through the slit.