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CHICAGO - On February 25, 2004, a U.S. District Court for the Northern District of Illinois jury found that Intex Recreation Corp. willfully infringed the patent and trademark rights of Aero Products International, Inc. The case involved inflatable air mattresses. The jury awarded Aero damages of $2.95 million for patent infringement and $1 million for trademark infringement. Aero will ask the Court to treble these damages based on the jury's finding that the infringement was willful. Aero was represented by the IP firm Brinks Hofer Gilson & Lione.

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. The patent at issue is U.S. Patent No. 5,367,726.

"The evidence of copying and infringement in this case was overwhelming. It did not take the jury long to agree and send a very strong message to Intex," said William H. Frankel, lead counsel for Aero and a litigator at Brinks. Other members of the litigation team from Brinks included Michael P. Chu, Mark H. Remus and David H. Bluestone. 

Founded in 1917, Brinks Hofer Gilson & Lione is based in Chicago, with offices in San Jose, Calif., Indianapolis, Ind., Ann Arbor, Mich., and Arlington, Va. The firm is one of the largest intellectual property 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.