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