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CHICAGO - On October 2, 2006, the United States Court of Appeals for the Federal Circuit affirmed a nearly $12 million patent judgment in favor of Aero Products International, Inc. and Robert B. Chaffee against Intex Recreation Corporation.

The case, Aero Products International, Inc. v. Intex Recreation Corporation; Quality Trading, Inc.; and Wal-Mart Stores, Inc., involved technology that allows a user to quickly inflate an air mattress and easily adjust its firmness using a unique comfort control feature found in Aero's popular line of AeroBed® inflatable mattresses.

In February 2004, a Northern District of Illinois jury found that Intex willfully infringed Aero's patent and trademark rights and awarded Aero patent damages of $2.95 million and trademark damages of $1 million. U.S. District Judge John W. Darrah doubled the patent damage award to $5.9 million based on the jury's finding of willful infringement and also awarded Aero its attorneys' fees.

On May 11, 2005, Judge Darrah held Intex in contempt of a September 2004 post-trial injunction, and was ordered to pay further damages to Aero.

Intex appealed the district court's judgment raising numerous issues. In its decision, the Court of Appeals found no error in the judgment of patent infringement and validity in favor of Aero. The Court of Appeals did, however, conclude that the award of both patent infringement and trademark infringement damages represented an impermissible double recovery. Accordingly, the Court of Appeals vacated the award of $1 million in trademark infringement damages in favor of Aero and remanded to the district court for entry of a final judgment in favor of Aero consistent with this modification. Notwithstanding the reversal of the trademark infringement award, Aero estimates that its total amount of recovery, with pre-judgment and post-judgment interest, will be approximately $12 million.

Aero was represented at trial, at the contempt hearing and on appeal by the intellectual property law firm Brinks Hofer Gilson & Lione. William H. Frankel was the lead trial lawyer and Michael P. Chu argued the appeal. Litigators Mark H. Remus and David H. Bluestone were also part of the winning Brinks team.

The ruling from the Court of Appeals brings the case closer to final resolution. According to Aero's Chief Financial Officer, Mark Miller, "It's a tremendous undertaking for a company our size to commit the time and resources that it takes to wage a patent lawsuit through trial and an appeal. We are gratified that the Court of Appeals has seen fit to affirm the patent victory that the jury gave us two years ago. Bill, Mike and the entire Brinks team of lawyers and staff, along with the team at Aero, did a tremendous job of advancing our case to this favorable outcome."

Founded in 1917, Brinks Hofer Gilson & Lione is based in Chicago with four other offices across the country serving the intellectual property needs of clients from around the world. The firm is one of the largest IP law firms in the country, with more than 150 attorneys, scientific advisors and patent agents specializing in intellectual property litigation and all aspects of patent, trademark, copyright, trade secret, unfair competition, intellectual asset management, and technology and licensing agreements. Brinks routinely handles assignments in fields as diverse as electrical, chemical, mechanical, biotechnology, pharmaceutical, nanotechnology, Internet and computer technology, as well as in trademarks or brand names for a wide variety of products and services.