Bee Warehouse LLC v. Blazer
1:22-cv-01623
N.D. Ala.May 20, 2025Background
- Bee Warehouse, LLC and related entities make and sell carpenter bee traps, while Brian and Bradley Blazer hold a patent (the '421 patent) for such traps.
- The dispute began after Brian Blazer filed a complaint with Amazon, leading to the removal of Bee Warehouse's product listings, alleging patent infringement.
- Bee Warehouse initially sued Brian for tortious interference and bad-faith assertions of patent infringement under Alabama law.
- Approximately 18 months later, Bee Warehouse sued Bradley Blazer, alleging he assisted Brian by creating a chart (NOCI) that facilitated the product's removal from Amazon.
- Bradley, though not the patent owner, is a co-inventor and helped prepare the infringement allegations presented to Amazon.
- The present opinion rules on Bradley Blazer’s Rule 12 motion to dismiss the claims against him.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability despite not owning the patent | Bradley authored infringement notice to Amazon | Only the patent owner should be liable | Ownership is not required for liability |
| Liability for arguments made in court by Brian | Bradley’s NOCI chart formed the basis for arguments made | Cannot be liable for arguments made in Brian’s court filings | Not liable for court filings, but relevant as context |
| Preemption by federal patent law | Bradley’s actions were in bad faith, avoiding preemption | Good faith assertions are preempted by federal law | Bee Warehouse plausibly alleged bad faith |
| Pleading sufficiency (Twombly/Iqbal standard) | Allegations are specific, explain why infringement claims were baseless | Claims lack sufficient factual detail | Allegations sufficient to survive dismissal |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (discussing plausibility standard for pleadings)
- White Sands Grp., LLC v. PRS II, LLC, 32 So. 3d 5 (Ala. 2009) (elements for tortious interference under Alabama law)
- Matthews Int’l Corp. v. Biosafe Eng’g, LLC, 695 F.3d 1322 (Fed. Cir. 2012) (bad faith required to avoid federal preemption of state-law patent claims)
- Globetrotter Software, Inc. v. Elan Comput. Grp., Inc., 362 F.3d 1367 (Fed. Cir. 2004) (objective baselessness standard for bad faith in patent infringement)
- Mikohn Gaming Corp. v. Acres Gaming, Inc., 165 F.3d 891 (Fed. Cir. 1998) (distinguishing objective and subjective components of bad faith in patent assertions)
- Energy Heating, LLC v. Heat On-The-Fly, LLC, 889 F.3d 1291 (Fed. Cir. 2018) (plaintiff’s burden to demonstrate both objective and subjective bad faith)