N.D. Ga.

Turf War: Lawsuit Sprouts Over Artificial Grass Patents

Polyloom Corp of America v. Consan USA Inc et al., Civil Action No. 1:23-cv-02955-JPB (N.D. Ga., June 7, 2023)

Plaintiff Polyloom Corporation of America filed suit in the Northern District of Georgia for infringement of two patents directed toward artificial turf. In the Complaint, Plaintiff describes itself as a “leader in the artificial turf market that serve the entire value chain from start to finish.” Complaint, ¶ 17. The Defendants are a Chinese company, Bellinturf, and its subsidiary, Consan USA Inc., a Georgia corporation. Id. at ¶¶ 3-4. The patents, U.S. Patent No. 8,530,026 (“the ‘026 Patent”) and U.S. Patent No. 9,469,921 (” the ‘921 Patent”), describe artificial grass fibers of various shapes that are “less flexible and consequently exhibit less tendency to deform to a flat orientation.” ‘026 Patent, at [57]. Plaintiff claims to be the current exclusive licensee of the ‘026 and ‘921 Patents, which are assigned to its parent company, Ten Cate Thiolon B.V.. Complaint, at ¶ 14. The Complaint alleges that Defendants infringe the ‘026 and ‘921 Patents by manufacturing, importing, or offering for sale several different artificial grass fibers that incorporate every element of one or more of the claims. Id. at ¶ 22. Plaintiff brings two counts of patent infringement.

The case has been assigned to Judge J.P. Boulee.

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