Press Releases

CHICAGO – Brinks Hofer Gilson & Lione today announced that, on January 9, 2007, the United States Court of Appeals for the Federal Circuit confirmed its prior victory on behalf of its clients Aero Products International, Inc. and Robert B. Chaffee when the Court of Appeals denied a Petition for Rehearing filed by 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.

On October 2, 2006, the Court of Appeals affirmed a nearly $12 million patent judgment that Aero obtained after a February 2004 jury trial at which a Northern District of Illinois jury found that Intex had willfully infringed Aero ’s patent rights.  Intex petitioned for a rehearing but, after considering briefs filed by the parties, the Court of Appeals denied the Intex petition.  This favorable ruling brings Aero closer to a resolution of this lengthy legal dispute.

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.

Founded in 1917, Brinks Hofer Gilson & Lione is based in Chicago with four additional 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 and brand names for a wide variety of products and services.