
NY Patent Decisions Blog
Search Blog
No Plugging the Gaps: Judge Subramanian Rejects Attempt to Reargue Motion for Attorney’s Fees in “Pitched Plumbing Battle”
On October 30, 2026, Judge Arun Subramanian denied Defendant Signature Plumbing Specialties’ (“Signature”) motion for reconsideration of an order denying in part its motion for attorney’s fees.
In November 2023, Kohler Company filed suit against Signature in this “pitched plumbing battle,” alleging claims for infringement of five design patents covering plumbing fixtures. After four of the patents were dismissed (two by the Court, two voluntarily), Signature prevailed on the fifth patent at trial. Signature then moved for an award of attorney’s fees, which the Court granted as to three patents (Counts I-III) but denied as to two patents (Counts IV-V).
Signature moved for reconsideration on the Count IV patent, arguing that the Court “overlooked” the fact that Signature had also identified relevant third-party prior art for this patent, similar to how it did for the Count I patent. Judge Subramanian found that this argument “was not presented, or at least presented with any clarity, in its motion for attorney’s fees.” Accordingly, a motion for reconsideration was not the appropriate vehicle to “examin[e] [the Court’s] decision” and “‘plug[] the gaps’ left by [Signature’s] unsuccessful motion.”
Kohler Co. v. Signature Plumbing Specialties LLC, No. 23-cv-9686 (AS) (S.D.N.Y. Oct. 30, 2026)