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ARTICLE · 29 JUNE 2016

Modtruss Stumbles On "Same" Problem With Battlefrog Obstacles - Motion For Preliminary Injunctive Relief Denied

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Modtruss accepted the Court's invitation to adopt is prior briefing and arguments and Battlefrog similarly went along with the suggestion – thus positioning the motion for the current ruling.

United StatesIntellectual Property
Kirk W. Watkins
Kirk W. Watkins
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This post follows up on this post on Judge Ross's Order of June 6, 2016, in which she allowed Modtruss, Inc. ("Modtruss"), to clarify its intent with regard to a prior motion for a temporary restraining order and preliminary injunction against Defendant, Battlefrog LLC ("Battlefrog"). Escaping the technical mooting of its motion by the filing of an intervening amendment, Modtruss accepted the Court's invitation to adopt is prior briefing and arguments and Battlefrog similarly went along with the suggestion – thus positioning the motion for the current ruling.

Judge Ross described the underlying patent, U.S. Patent No. 8,418,425 issued on May 13, 2014, as protecting "beams, which allow for temporary structures to be efficiently constructed." Battlefrog incorporates rectangular beams in components on the obstacle course races it designs and operates. The alleged infringing beams were referred to by the Court as the "Accused Obstacles." Two figures from the patent

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