N.D. Ga.

Competing Pool Cleaners Jump Into Dispute over Telescoping Pole Patent

Aqua EZ, Inc. v. Resh, Inc., Civil Action No. 1:23-cv-00790-MLB (N.D. Ga., Feb. 22, 2023)

Aqua EZ, Inc. has filed a Complaint for Declaratory Judgment of Invalidity and Non-infringement in the Northern District. The patent-in-suit, U.S. Patent No. 11,141,852, covers a telescoping pole used for pool cleaning.

The Complaint alleges the ’852 Patent is invalid based on the existence of prior art and the obviousness of the claimed invention under 35 U.S.C. §§ 102 and 103.

In addition, the Complaint alleges one of the Defendant’s officers repeatedly threatened to file suit over the Plaintiff’s use of a similar telescoping pool cleaning device in an attempt to establish a licensing agreement. In fact, according to the Complaint, since the parties’ first interaction at a trade show in 2016 until filing, the officer “sent at least 23 emails, … 4 voice messages, … one text message, and … 1 overnight delivery.”

The case has been assigned to Judge Michael Lawrence Brown.

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