OurPet’s Co., a maker of pet products, sued Golden-based Kong Co. for patent infringement over a dog toy.
The suit, filed Feb. 1 in federal court in Cleveland, relates to a patent for a pet toy that was issued the same day.
Kong’s “Tugga Wubba” toy is accused of infringing OurPet’s patent 7,878,151. The patent covers a “fetch and retrieve tossing toy,” according to the patent.
OurPet’s, based in Fairport Harbor, Ohio, said it’s harmed by Kong’s sale of the Tugga Wubba, and that the infringement is “deliberate, willful, with full knowledge.” The company also induces others to infringe the patent by selling its product wholesale to dealers who will then sell the toys to end users, according to court papers.
In addition to a court order barring Kong from infringing the patent, OurPet’s seeks money damages, and an award of all profits Kong derived from its alleged infringement.
OurPet’s also asked for an order forcing Kong to reveal the location of equipment used to make the allegedly infringing product and for the destruction of that equipment and recall and destruction of all existing Tugga Wubbas. The Ohio company also requested all sales records for the product and an award of litigation costs.
