Juncheng Kao v. Hengda Kite, No. 25 C 8491, (N.D. Ill. May 26, 2026) (Alonso, J.).

Judge Alonso denied defendant’s Fed. R. Civ. P. 12(b)(6) motion to dismiss in this design patent infringement case involving a kite. The Court applied Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665 (Fed. Cir. 2008) (the ordinary observer test), which asks whether an ordinary observer familiar with the prior art would be deceived into thinking the accused design is the same as the patented design. The Court held that the complaint, which included a side-by-side comparison of the patent drawings and photographs of defendant’s kite, along with an allegation that the products were “materially identical,” was sufficient to plausibly allege design patent infringement and to give defendant fair notice of the accused activity. The Court rejected defendant’s argument that detailed written descriptions of how each design element infringes are required, holding that such specificity is not necessary at the pleading stage. The parties were ordered to submit a joint status report and address settlement.