SAN JOSE – A swimbait lure company is suing another lure company alleging it is violating a specific lure patent.

Huddleston Deluxe Inc. filed a complaint on March 29 in the U.S. District Court Northern District of California against Eric Smith, doing business as Smith Baits LLC and Baitsmith LLC, citing alleged breach of contract, fraud, negligent misrepresentation, patent infringement, unfair competition and other counts.

According to the complaint, the plaintiff alleges that it suffered damages to its business as a result infringement of its '979 patent, resulting in confusion among consumers. The plaintiff holds the defendant responsible because he intentionally breached his agreement with the plaintiff after both parties discussed the possibility of the defendant redesigning the product so that it would not infringe plaintiff's designs in exchange for plaintiff not suing him. However, Smith allegedly did not perform his obligations under this agreement and continued to sell products that infringes plaintiff's designs.

The plaintiff seeks a trial by jury, payment for all damages, permanent injunction against the defendant and his agents from further infringing plaintiff's patents, restitution of unjust enrichment, prejudgment and post-judgment interest, all legal fees and any other relief as the court deems just. It is represented by Anne M. Rogaski of HIPLegal LLP in Cupertino.

U.S. District Court for the Northern District of California, San Jose Division Case number 5:16-cv-01546-HRL

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U.S. District Court for the Northern District of California, San Jose Division

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