Hunter Douglas, Inc. v. Harmonic Design, Inc.

ORDER GRANTING DEFENDANTS’ SECOND MOTION TO DISMISS PLAINTIFFS’ COMPLAINT

The motion to dismiss of defendants Harmonic Design, Inc. (“Harmonic”), Springs Industries, Inc. (“Springs”), and Springs Window Fashions Division, Inc. (“SWFD”) was filed on February 3, 1997, and oral argument was held on April 7, 1997. Having considered the above motion, the papers filed in support thereof and in opposition thereto, and the files in the case, the Court hereby finds and rules as follows:

Defendants’ motion is GRANTED WITH PREJUDICE for the reasons set forth herein.

I. Procedural History and Background

Plaintiffs Hunter Douglas, Inc. (“Hunter Douglas”) and Hunter Douglas Fabrication Company (“HD Fabrication”) commenced active marketing of their DUETTE Powerrise model electronic window shade in December, 1996. Shortly thereafter, plaintiffs filed a complaint against defendants Harmonic Design, Springs and SWFD. In them complaint against defendants, plaintiffs assert that they were damaged by Harmonic Designs’ negligent and fraudulent procurement of allegedly invalid patents for an electronic window shade design since it restrained the plaintiffs from entering the market for the shades for…