KANSAS CITY – Honeywell International Inc. is facing a patent infringement lawsuit brought by a Missouri doctor who claims the company stole her idea for a google that can be worn comfortably over eyeglasses.
In a June 1 complaint filed in the U.S. District Court for the Western District of Missouri, Basimah Khulusi, MD LLC is seeking damages for patent infringement and an injunction preventing Honeywell from making, importing, offering to sell, selling or using the patented technology without Khulusi’s permission. The company, which makes eye and face protection products, sells goggles under the brand name Uvex, according to court documents.
Several of Honeywell’s Uvex goggles are reportedly advertised as being wearable over eyeglasses. Those goggles include the Flex Seal, Stealth OTC and Strategy brands. The suit alleges that the goggles “fall under one or more claims” of Khulusi’s patent and Khulusi sent a letter to Honeywell in December 2015 offering to license the patent.
The company declined Khulusi’s offer in January 2016, according to the complaint. Later that month Khulusi sent an email to Honeywell’s attorneys explaining the Flex Seal goggle infringed on the patent and suggested that Honeywell consider a license agreement. But the company argued that it didn’t infringe on the patent.
Honeywell also argued that the patent was invalid because of another one that was issued previously. The lawsuit notes that the U.S. Patent and Trademark Office (PTO) confirmed the validity of Khulusi’s patent in February 2017.
According to the complaint, the company continues to infringe on the patent “and misappropriate Khulusi’s patented technology by making, using and selling the patented goggle, knowing it does not have the right to do so.”
Khulusi, who is represented by attorneys at Erickson Kernell IP LLC in Leawood, Kansas, is asking the court for “a reasonable royalty” and other relief.