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CHICAGO - On July 15, 2004, a judge doubled the patent damages awarded to Aero Products International by the jury on account of the jury's finding of willful infringement and also awarded Aero its attorneys' fees. The patent damages award was increased to $5.9 million.
The case, Aero Products International, Inc. v. Intex Recreation Corporation; Quality Trading, Inc.; and Wal-Mart Stores, Inc., was heard in the U.S. District Court for the Northern District of Illinois, Eastern Division. Aero, of Wauconda, Illinois, is best known for its line of AeroBed® inflatable mattresses. At issue in the case was the technology that allows a user to quickly inflate the mattress and easily adjust the firmness of the mattress using a unique comfort control feature that Aero promotes with its ONE TOUCH® trademark.
In February 2004, a jury found that Intex Recreation Corp. willfully infringed the patent and trademark rights of Aero. The jury awarded Aero damages of $2.95 million for patent infringement and $1 million for trademark infringement. After resolving some post-trial, non-jury legal issues in Aero's favor in June, the judge ruled on Aero's pending motion for enhanced damages and attorneys' fees by doubling the patent damages and awarding Aero its attorneys' fees. Aero has requested a permanent injunction and the entry of a final judgment.
William H. Frankel is the lead counsel representing Aero and is a litigator at the IP firm Brinks Hofer Gilson & Lione in Chicago. Other members of the legal team from Brinks include Michael P. Chu, Mark H. Remus and David H. Bluestone.
Founded in 1917, Brinks Hofer Gilson & Lione is based in Chicago with four other offices across the country and serves the intellectual property needs of clients from around the world. The firm is one of the largest IP law firms in the country, with approximately 150 attorneys who specialize in intellectual property litigation and all aspects of patent, trademark, copyright, trade secret and Internet work, unfair competition, and technology and licensing agreements.
