McDermott Obtains Voluntary Dismissal in Patent Dispute

Overview


McDermott Will & Emery secured a voluntary dismissal of DD Karma LLC’s complaint against its client Michael Todd Beauty.

DD Karma, a Guthy-Renker company, filed suit in 2017 raising claims of false advertising and unfair competition, and alleging Michael Todd’s SonicSmooth at-home dermaplaning device infringed a DD Karma design patent and the trade dress of its competing Dermaflash product. Without answering the complaint, McDermott responded to the suit by filing a comprehensive motion to dismiss, challenging DD Karma’s claims both as alleged and on the merits.

With the motion to dismiss still pending, DD Karma filed a motion to amend its complaint, voluntarily withdrawing all originally asserted claims and asserting instead an infringement claim based on a newly issued utility patent. But only a few weeks later, McDermott convinced DD Karma to drop this claim, as well, and on May 25, 2018, DD Karma voluntarily dismissed its complaint.

The McDermott team included Nicole JantziPaul Schoenhard and Sarah Hogarth.

The case is DD Karma, LLC v. Michael Todd Beauty LLP et al., 1:17-cv-01434-RGA (D. Del).

About McDermott


McDermott Will & Emery is a premier international law firm with a diversified business practice. Numbering more than 1,000 lawyers, we have offices in Boston, Brussels, Chicago, Dallas, Düsseldorf, Frankfurt, Houston, London, Los Angeles, Miami, Milan, Munich, New York, Orange County, Paris, San Francisco, Seoul, Silicon Valley and Washington, DC. Further extending our reach into Asia, we have a strategic alliance with MWE China Law Offices in Shanghai.