Vista obtains an order barring the law firm from suing Foe’s patents


The law firm representing Lifetime Products Inc. in a patent infringement action against Vista Outdoor Inc. Camp Chef involving grills is barred from pursuing patent applications for related technologies for one year from the conclusion of the case, a federal judge in Utah has ruled.

Magistrate Judge Daphne A. Oberg granted Camp Chef’s request to amend the standard protective order for the case to include a stay of prosecution, according to a opinion Tuesday in U.S. District Court for the District of Utah. She agreed with the assertion of Camp Chef, officially called Logan Outdoor Products LLCthat the change is necessary “to prevent the inadvertent disclosure of confidential information,” the order says.

Based in Park City, Utah Maschoff Brennan Represents Lifetime in litigation over gas-fired grills or a pellet burner. It also represents life in patent prosecution activities, the decision states – the company pursued the application that led to the patent at issue in the Camp Chef case, it is currently processing the reissue application for that patent and is pursuing “at least two other patent applications”. related to grilling,” the opinion states.

the patentwhich Bloomberg Law estimates will expire in June 2038, is one of three grill-related U.S. patents listed on Lifetime’s website. It’s tied to a cooking device with two stacked heat sources, and it covers the Lifetime Smoker Grill Combo, which launched in May 2021.

With the ruling, Oberg imposed a bar to sue that prevents anyone who “has provided protected technical information pursuant to this protective order” from “providing any direct or indirect contribution to, or participating in the drafting, editing, or the pursuit of patent applications” relating to “any cooking appliance capable of operating with a gas heat source or a pellet burner heat source or both.

The ban will be in effect for one year from “the conclusion of this litigation and any related litigation and appeal against the affected party,” Oberg said. Otherwise, the standard protective order automatically applied to the case remains binding, she said.

The judge also told the parties that any documents or information they consider to be “protected technical information” must be marked “Confidential – Prosecution Bar.” She left open the option for Lifetime or Camp Chef to seek a “counsel-by-counsel exemption from the lawsuit bar.”

“Where the same law firm handling the reissue application and other patent prosecutions will also have access to Camp Chef’s technical and proprietary information, a cease and desist is necessary to control the risk of inadvertent disclosure,” Oberg said. The chase bar is only for information “such as CAD models, manufacturing information, and source code”.

She said the scope and purpose of Camp Chef’s proposal was “reasonable”.

Earlier this month, the fourth annual Patexia Patent Prosecution Intelligence Reportwhich ranks the 100 most successful and active law firms and patent attorneys from July 2017 to June 2021, recognized Maschoff Brennan as the fourth most successful company in biotechnology.

Out of more than 27,000 lawyers and patent agents evaluated, Patexia also ranked Yuefen Jennifer Zhou, patent agent, as the most successful biotechnology lawyer. Burns Israelsen was ranked the 10th most active high-tech attorney and 13th most active overall.

Seen announcement earlier this month that it will split its outdoor and sporting goods segments into two independent, publicly traded companies.

After the planned completion of the separation in 2023, the outdoor segment, which has not yet been renamed, will include brands such as Camp Chef, CamelBak, Bell, Giro, Bushnell, Bushnell Golf, Foresight Sports, Stone Glacier and QuietKat, among others.

Lifetime is represented by Maschoff Brennan Gilmore & Israelsen PLLC. Camp Chef is represented by Kirton McConkie PC and Reed Smith LLP.

The case is Lifetime products. Inc. v. Logan Outdoor Products. SARLD. Utah, n° 21-cv-156, opinion of 24/05/22.


Comments are closed.