Viscosoft, Inc. v. Shaoxing Spring Home Textile Co., Ltd.

Summary

The United States District Court for the Western District of North Carolina denied Viscosoft, Inc.’s motion for default judgment in a design patent infringement action against Shaoxing Spring Home Textile Co., Ltd. Although the defendant defaulted, the court held that Viscosoft failed to establish a sufficient basis for relief because the accused mattress-topper designs were plainly dissimilar from the patented design under the ordinary-observer test. The order was signed on April 29, 2026.

Holdings

1. Default does not establish liability when the complaint's well-pleaded allegations and the record fail to provide a sufficient basis for the relief sought. Because the accused designs were plainly dissimilar to the patented design, Plaintiff failed to establish design patent infringement and was not entitled to default judgment.
2. The accused Shaoxing designs were plainly dissimilar to the drawings of Viscosoft's D969522 design patent; therefore, an ordinary observer would not view the designs as substantially similar and infringement was not established.

Questions Presented

1. Whether default judgment could be entered when the well-pleaded allegations and record did not establish a valid design patent infringement claim.
2. Whether Shaoxing's accused mattress-topper designs were substantially similar to Viscosoft's patented design under the ordinary-observer test.

Disposition

denied