Press Releases

September 16, 2004

Judge Rules in Favor of Aero - Enters Permanent Injunction and Grants Final Judgment in Infringement Suit Against Intex

Aero represented by Brinks Hofer Gilson & Lione team

CHICAGO — On September 15, 2004, Judge John W. Darrah of the U.S. District Court for the Northern District of Illinois ruled in favor of Aero Products International, Inc. and entered a permanent injunction enjoining Intex Recreation Corp. from further infringement of Aero’s ‘726 patent. The case concerned patent and trademark rights relating to inflatable air mattresses.

The Court also granted Aero’s motion for an accounting of Intex’s sales after January 1, 2004 and awarded prejudgment interest. In addition, the Court granted Aero’s motion for entry of final judgment.

“We are extremely pleased that the judge has sent such a strong message to the defendants that this type of infringement will not be tolerated,” said Michael P. Chu, one of the counsel for Aero and a litigator at Brinks. Other members of the litigation team from Brinks included William H. Frankel, Mark H. Remus and David H. Bluestone.

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. Aero, of Wauconda, Illinois, is 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 Northern District of Illinois jury found that Intex 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 post-trial issues in Aero’s favor, on July 15, 2004, the judge doubled the patent damages awarded to Aero based on the jury’s finding of willful infringement and also awarded Aero its attorneys’ fees. The patent damages award was increased to $5.9 million.

Founded in 1917, Brinks Hofer Gilson & Lione provides intellectual property legal services worldwide. The firm is one of the largest intellectual property law firms in the country, with approximately 150 attorneys who specialize in IP litigation and all aspects of patent, trademark, copyright, trade secret, Internet, unfair competition and related licensing matters.