Recently, Magistrate Judge Jennifer E. Willis issued a Report and Recommendation recommending that defendant’s motion to dismiss pro se plaintiff Andrew Walker, Jr.’s (“Walker”) Second Amended Complaint be granted for lack of personal jurisdiction in Walker v. Kosann, No. 23-CV-4409 (S.D.N.Y.).
Walker’s Second Amended Complaint alleges that defendants Fisher-Price, Inc., Monica Rich Kosann, Provenance Gems, and Woodrow Jewelers (“Defendants”) infringed U.S. Design Patent No. D593,191 (the “’191 Patent”) directed to a design of an oil burning lamp in the shape of a genie bottle that Walker alleged was present in Nickelodeon’s animated series “Shimmer and Shine” as well as toys and other merchandise. Id. at *2.
In his Second Amended Complaint, Walker attached a series of images that resembled the general shape and style of a genie bottle with conclusory allegations that the Defendants manufactured, offered for sale, sold, and distributed products that unlawfully replicated or embodied the patented design. Id. at *6–7. However, the court previously found that the ’191 Patent was not so broad as to cover products having the general shape or style of a genie bottle. Id. at *6. Because Walker did not cure the previous defects and did not provide detailed explanations for how the accused products infringe the ’191 Patent, the court recommended that Defendants’ Motion to Dismiss be granted on the merits. Id. at *7.
During the pendency of Defendants’ Motions to Dismiss, Walker filed multiple requests for leave to amend. The court found that “leave to amend is correctly denied where the court determines a plaintiff’s failed attempt to cure deficiencies in the amended complaint gives ‘no indication that a valid claim might be stated.’” Id. at *8 (citing Williams v. Bronx Cnty. Child Support Customer Servs. Unit, 741 F. App’x 854, 856 (2d Cir. 2018)). The court found that was the case here and recommended that his leave to amend be denied as well. Id. at *9.
The case is Walker v. Kosann, No. 23-CV-4409 (S.D.N.Y.).
