Jacki Easlick, LLC v. CJ Emerald

Jacki Easlick, LLC v. CJ Emerald The Federal Circuit affirmed, holding that the district court did not abuse its discretion in finding no likelihood of success on design-patent infringement and no irreparable harm. It also affirmed denial of reconsideration because the proffered physical samples and testimony were not newly unavailable evidence and no manifest error was shown. The decision reinforces that design-patent preliminary injunctions require evidence-based showings on both overall visual similarity and irreparable harm, even in Schedule A-style online-seller cases. Affirmed the denials of the preliminary-injunction motion and the motion for reconsideration. The asserted patent was a design patent covering a hook for hanging handbags on closet rods; the accused product was another handbag hanger hook sold on Amazon. On likelihood of success, the Federal Circuit held that the district court properly separated functional aspects from ornamental features and compared the overall visual effect, rather than legally erring by noting specific visual differences. The court rejected the argument that the district court had to consider prior art because prior-art comparison is beneficial only when the claimed and accused designs are not plainly dissimilar; in any event, the submitted prior art would not have changed the result. On irreparable harm, declarations and generalized assertions about lost profits, goodwill, confusion, competition, and price erosion were deemed conclusory and theoretical. Reconsideration was properly denied because evidence submitted after the adverse ruling was not “new” where it could have been submitted earlier. claim construction infringement injunction / stay non-precedential damages claim construction infringement injunction / stay non-precedential damages infringement injunction / stay non-precedential