DCT

2:26-cv-00822

Lolliprops v. Love V Design

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:26-cv-00822, D. Utah, 09/03/2026
  • Venue Allegations: Venue is alleged to be proper in the District of Utah because the Defendant maintains its principal place of business in the District.
  • Core Dispute: Plaintiff alleges that Defendant's removable peel-and-stick wallpaper products infringe a patent related to repositionable, self-adhesive surface coverings.
  • Technical Context: The technology at issue involves removable wallpapers that provide a user-friendly, non-damaging alternative to traditional wallpapers, broadening the market for home decor to include renters and others desiring temporary applications.
  • Key Procedural History: The complaint alleges that Plaintiff provided Defendant with notice of the alleged infringement via a letter dated July 3, 2025, prior to filing the lawsuit.

Case Timeline

Date Event
2009-03-13 '176 Patent Priority Date
2013-02-05 '176 Patent Issue Date
2020 Defendant Love vs. Design Founded
2025-07-03 Plaintiff Sent Notice of Infringement to Defendant
2026-09-03 Complaint Filing Date

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 8,367,176 - "Repositionable, Self-Adhesive Wallpaper"

The Invention Explained

  • Problem Addressed: The patent's background describes the difficulties associated with traditional wallpaper, including the need for paste, skilled application, challenges in aligning patterns, and the risk of damaging underlying walls upon removal, which makes it impractical for many consumers, particularly renters '176 Patent, col. 1:20-54
  • The Patented Solution: The invention is a multi-layer, self-adhesive wallpaper designed for easy application, repositioning, and clean removal '176 Patent, abstract As illustrated in Figure 1, the product comprises a printable top vinyl sheet (12), a pressure-sensitive adhesive layer (18), and a removable backing liner (20) that protects the adhesive until application '176 Patent, FIG. 1 '176 Patent, col. 3:11-24 This structure allows a user to apply, adjust, and later remove the wallpaper without specialized tools or damaging the surface '176 Patent, col. 2:16-24
  • Technical Importance: The invention provided a practical solution for temporary or user-friendly home customization, addressing a market need for decorative options that do not require a permanent commitment or professional installation '176 Patent, col. 1:55-62

Key Claims at a Glance

  • The complaint asserts infringement of at least independent Claim 1 '176 Patent, col. 6:46-67
  • The essential elements of independent Claim 1 are:
    • A repositionable surface covering comprising:
    • a vinyl sheet having a front surface with a surface coating capable of having an image printed thereon;
    • a removable backing layer comprising a paper and a release agent;
    • a pressure sensitive adhesive disposed between the vinyl sheet and backing layer, where the adhesive is an acrylic emulsion adhesive with specific characteristics (alkaline pH, minimum application temperature of +20° F., service temperature range of 0° F. to +150° F., and compliance with multiple FDA, CONEG, ASTM, and Heavy Metals regulations for safety);
    • such that the covering can be applied, removed, repositioned, and/or reused after the backing layer is separated.
  • The complaint alleges infringement of at least this independent claim, which implicitly includes the possibility of asserting dependent claims later Compl. ¶14

III. The Accused Instrumentality

Product Identification

The accused instrumentalities are Defendant's "removable peel and stick wallpaper products" Compl. ¶12

Functionality and Market Context

The complaint alleges Defendant makes, uses, and sells removable wallpaper Compl. ¶12 A screenshot from Defendant's website, included in the complaint, advertises "removeable MATERIAL" that is "damage-free and easy to remove" Compl. p. 5 This visual evidence shows Defendant offers materials including "SMOOTH VINYL," "GRASSCLOTH VINYL," and "WOVEN FABRIC," marketed as "custom color WALLPAPER" Compl. p. 5

IV. Analysis of Infringement Allegations

The complaint alleges that Defendant's removable peel-and-stick wallpaper products directly infringe at least Claim 1 of the '176 Patent Compl. ¶14 The complaint does not contain a detailed, element-by-element infringement analysis. The following chart summarizes the infringement theory as can be inferred from the complaint's general allegations and the evidence provided.

'176 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
a vinyl sheet having a front surface and a rear surface, the front surface further comprising a surface coating, the surface coating capable of having an image printed thereon; Defendant's products are offered as "custom color WALLPAPER" and include materials such as "SMOOTH VINYL" and "GRASSCLOTH VINYL." ¶12; p. 5 col. 3:11-24
a removable backing layer comprising a paper and a release agent; Defendant's products are described as "peel and stick," which suggests the presence of a removable backing layer that is peeled away before application. ¶12 col. 4:46-52
a pressure sensitive adhesive...being an acrylic emulsion adhesive characterized by an alkaline pH, a minimum application temperature of +20 degrees F., a service temperature range from 0 degrees F. to +150 degrees F., and regulatory compliances of FDA 21, CFR 175, 105, 176, 170, and 180 for incidental food contact, CONEG, Heavy Metals, ASTM 963a, and Child Toy Safety, The complaint does not provide specific details regarding the chemical composition, physical properties, or regulatory compliance of the adhesive used in Defendant's products. ¶14 col. 4:11-29
such that after the backing layer has been separated...the surface covering can be...repositioned and/or reused. Defendant's website advertises its materials as "damage-free and easy to remove," which implies the repositionable and reusable functionality required by the claim. p. 5 col. 2:17-20
  • Identified Points of Contention:
    • Technical Questions: A central dispute will likely concern the specific properties of the adhesive. The complaint provides no evidence that Defendant's adhesive is an "acrylic emulsion adhesive" that meets the long list of specific technical and regulatory characteristics recited in Claim 1 (alkaline pH, temperature ranges, and multiple safety compliances). The case may turn on whether Plaintiff can prove through discovery that the accused adhesive meets every one of these limitations.
    • Scope Questions: It may be disputed whether all of Defendant's accused materials, such as "WOVEN FABRIC," fall within the scope of the claim term "vinyl sheet."

V. Key Claim Terms for Construction

  • The Term: "an acrylic emulsion adhesive characterized by [an extensive list of properties]"
  • Context and Importance: This term is critical because it contains numerous, highly specific limitations that distinguish the claimed invention. The infringement analysis for any accused product will depend entirely on whether its adhesive meets every single recited characteristic. Practitioners may focus on this term because the complaint's lack of factual allegations on this point suggests it is a primary area for a non-infringement defense.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The complaint does not provide a basis for a broad interpretation. A party seeking one might argue that "characterized by" is illustrative, but the claim's use of "and" between the regulatory compliances suggests the list is conjunctive.
    • Evidence for a Narrower Interpretation: The patent specification provides strong support for a narrow construction requiring all listed properties to be present. The detailed description explicitly discloses the use of a specific commercial adhesive, the "Wausau R-2211 adhesive," and incorporates by reference its data sheet, which lists these exact properties, including the temperature ranges and regulatory compliances '176 Patent, col. 4:11-29 This explicit example may be used to argue that the claim scope is tied to adhesives possessing this full set of characteristics.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges induced infringement, stating that Defendant instructs and encourages customers to use the accused products in an infringing manner through its marketing materials and instructions for use Compl. ¶¶16-17
  • Willful Infringement: The willfulness allegation is based on alleged pre-suit knowledge. The complaint asserts that Defendant has been on notice of its infringement since at least July 3, 2025, when Plaintiff sent a notice letter, and that Defendant's continued activities thereafter constitute willful infringement Compl. ¶15

VII. Analyst's Conclusion: Key Questions for the Case

The resolution of this dispute may depend on the answers to two central questions:

  1. A critical evidentiary question will be one of technical identity: does the adhesive used in Defendant's products possess the extensive and highly specific set of characteristics recited in Claim 1-including the precise temperature ranges and numerous regulatory compliances-for which the complaint currently offers no specific factual allegations?
  2. A secondary question will be one of definitional scope: does the term "vinyl sheet", as defined and used in the '176 patent, read on all of the accused materials offered by the Defendant, including its "WOVEN FABRIC" and "GRASSCLOTH VINYL" options?