Grill Rescue LLC d/b/a Rescue LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule “A”, No. 23-cv-15984, Slip Op. (N.D. Ill. Feb. 20, 2026) (Kness, J.).

Judge Kness granted Defendant Shenzhen Lantianjinrun Trading Co., Ltd.’s Fed. R. Civ. P. 12(c) motion for judgment on the pleadings, finding that the accused grill cleaning brush was plainly dissimilar to Plaintiff Grill Rescue’s design patent, U.S. Patent No. D946,850 (the “’850 patent”). The ruling is a useful illustration of how design patent infringement claims can be resolved at the earliest stages of litigation when the visual differences between the patented and accused designs are sufficiently stark.

Grill Rescue brought this Schedule A case alleging that numerous e-commerce sellers on platforms like Amazon and Walmart were offering products infringing its design patents. After voluntarily withdrawing several claims, the remaining patent infringement claim centered on the ‘850 patent, a design for a brush used to clean a grill. Defendant moved for judgment on the pleadings, arguing both noninfringement and invalidity.

The Court held that the Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665 (Fed. Cir. 2008) “ordinary observer” test can be made at the pleading stage where the patent drawings and images of the accused product are incorporated by reference into the complaint and sufficiently different.

Comparing the images side-by-side, Judge Kness identified multiple plain differences: (1) the accused brush appeared noticeably thicker in proportion to its width and length; (2) the patented design had a smooth surface while the accused product featured a herringbone texture and different stitching pattern; (3) the patented design showed smooth, round corners on the cleaning head while the accused product had non-uniform corners; and (4) the accused product had a dimpled bottom while the patent drawings depicted a smooth bottom.

The Court rejected Plaintiff’s argument that, at the pre-discovery stage, the Court was required to accept its allegation of infringement as true. Citing Wagner v. Teva Pharm. USA, Inc., 840 F.3d 355 (7th Cir. 2016), the Court noted that an allegation of patent infringement is a “legal assertion” that need not be accepted as true on a Rule 12(c) motion. The Court also rejected Plaintiff’s argument that the timing of the accused product’s entry into the market supported an inference of infringement, finding no legal authority for the proposition that market timing could supplant or affect the ordinary observer test.

Notably, the Court declined to reach Defendant’s alternative invalidity argument under 35 U.S.C. Section 112, observing that courts have often “declined to entertain indefiniteness arguments at the pleading stage” and that none of the cases Defendant cited for pleading-stage resolution of infringement claims appeared to actually invalidate a patent.

The Court also flagged an important procedural note: because neither party addressed whether entry of partial final judgment under Rule 54(b) was appropriate, the Court granted the motion but did not enter a final judgment order. Plaintiff’s trademark infringement, false designation of origin, and state law claims remained pending.