SAN JOSE – An inventor alleges a Washington company has unlawfully incorporated his designs in its products.

Elliot Kremerman filed a complaint on Jan. 20 in the U.S. District Court for the Northern District of California, San Jose Division against Open Source Steel LLC, Joshua Dellay, James Dellay and Does 1-20 alleging patent infringement and other counts.

According to the complaint, the plaintiff alleges that he has been and will continue to be irreparably harmed and damaged by defendants' conduct of manufacturing and selling infringing products incorporating plaintiff's designs that mimic a combination of several elements of plaintiff's product trade dress. He alleges the defendants had knowledge of plaintiff's '310 and '238 patent registrations for distillation heads, which covers the infringing products.

The plaintiff holds Open Source Steel LLC, Joshua Dellay, James Dellay and Does 1-20 responsible because the defendants allegedly could cause confusion and mistake in the minds of the public with respect to the origin, affiliation, and source of defendants' products.

The plaintiff requests a trial by jury and seeks judgment in his favor, damages and costs incurred, enjoin defendants from further infringement, interest, attorneys' fees and costs of suit, corrective advertising, treble damages, disgorgement of profits, and further relief as the court may deem just. He is represented by David B. Draper, Mark W. Good and James A. McDaniel of Terra Law LLP in San Jose.

U.S. District Court for the Northern District of California, San Jose Division Case number 17-cv-00306

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U.S. District Court for the Northern District of California, San Jose Division
South 1st Street
San Jose, CA 95113

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