Defending The Ergo Baby Carrier Inc. and New Baby Tula, LLC, Erise IP shareholders Adam Seitz and Michelle Marriott, working with Beau Jackson at Husch Blackwell, secured a huge victory at the International Trade Commission.
This case involved litigation asserting the infringement of two patents and 30 claims against more than 20 respondents (including Britax, BabyBjörn and Beco Baby Carrier) seeking to stop the importation of nearly all competitive products. The case was left with only three respondents after nearly everyone settled. By the time of the trial, the case was whittled down to alleging infringement of one claim of a single patent.
After a week-long trial at the ITC, the Court found for Ergo and Tula on an overwhelming number of issues. All of Ergo’s and Tula’s products were found to not infringe. The patent was found invalid as anticipated under 102 and invalid as obvious under 103. And, in what has become a rare circumstance, the Court found the inventors committed inequitable conduct.
On the inequitable conduct, the ITC judge found the original inventors lied about the role of the co-inventor in order to bolster the strength of the patent. The named inventors then attempted to fix the error at the Patent Office to remove the co-inventor, but did not disclose any of the details about the original plan to deceive the Patent Office.