PITTSBURGH — American Textile Company Inc. has filed a motion to dismiss against an infringement claim made by Hollander Sleep Products LLC.
The motion was filed June 15 against a counter claim suit from Hollander Sleep Products. In an ongoing legal dispute, Hollander claims that an American Textile product, a hypoallergenic bed pillow, infringes on one of their patents.
Hollander filed suit on April 17 and sent a cease and desist letter to American Textile demanding it halt the manufacturing of the pillow. American Textile filed a complaint in response, stating Hollander’s infringement claims are false and alleging that it had suffered damages from the accusations.
In the motion’s memorandum, American Textile labeled Hollander’s infringement claims as “threadbare, conclusory allegations" and stated Hollander’s patent and their products are dissimilar “under the ordinary observer test.” For comparison purposes, the company submitted pictures of the product in question and illustrations from the patent to support its motion.
American Textile filed the motion for dismissal on June 6 in the U.S. District Court for the Western District of Pennsylvania. The company is asking the court to dismiss of the Hollander case with prejudice.
U.S. District Court for the Western District of Pennsylvania case number 2:17-cv-00487-MRH