Pandora seeks appeal in patent lawsuit

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Pandora seeks appeal in patent lawsuit

By Michelle Graff

September 12, 2008

Baltimore—Popular personalized jewelry-maker Pandora is attempting to appeal a judge's recent ruling, which stated that a competitor's jewelry does not violate its patent.

Though the legal battle between Danish manufacturer Pandora and its competitor, Minneapolis, Minn.-based Chamilia, over other patent issues continues, Pandora is asking the federal court to grant the company an interlocutory appeal, a special appeal granted while a case is ongoing.

What Pandora is appealing is a recent ruling by the U.S. District Court for the District of Maryland that Chamilia's current jewelry does not infringe upon Pandora's patent, court papers show.

The ruling, issued on Aug. 8 by U.S. District Judge Catherine C. Blake, was based on the assessment of the design of both manufacturers' jewelry, with the judge finding Chamilia's design was not similar enough to Pandora's to constitute patent infringement.

In its request for appeal filed on Sept. 8, Pandora disagreed with the judge's findings and pointed out that another federal court, the U.S. District Court for the Middle District of Florida, ruled in Pandora's favor in a similar case against an unrelated third party.

"The existence of another construction, by a co-equal federal court, and concerning the same patent and same claims addressed in this court's Aug. 8 order, establishes that there are substantial grounds for a difference of opinion regarding this controlling question of law," court papers state.

John White, Pandora's general manager for North America, said the company is hoping to get a ruling on its request for interlocutory appeal in a few months.

He said Pandora is committed to protecting its patent as the popularity of its personalized, beaded jewelry continues to grow.

"As our track record shows, we will do everything possible to ensure our products are recognized as the originals they are," he said.

Chamilia's attorney Peter Black, of the Portland, Maine-based law firm Verrill Dana, said the chances of Pandora being granted the appeal and subsequently prevailing in its claims are slim.

He said Chamilia merely offers consumers a different option when it comes to this type of jewelry.

"Consumers will benefit from more competition," he said.

In the meantime, Black said, a scheduling conference for the Pandora-Chamilia trial is set for Sept. 25.

The trial will cover other patent issues in the Pandora versus Chamilia case that are not already ruled on in Blake's summary judgment.

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