On Thursday, May 14, the U.S. International Trade Commission (ITC) affirmed Erise’s noninfringement, invalidity, and inequitable conduct win in a baby carrier investigation that initially started with 20 respondents.
Law360 reported on the decision that closes the book on the ITC investigation, which began in March 2019. It reported that the Commission affirmed Judge Clark Cheney’s determination that Erise shareholders Adam Seitz and Michelle Marriott’s clients, Baby Tula and Ergobaby, did not infringe on LilleBaby’s patent. The commission also affirmed the patent claim in question was found invalid as anticipated under 102 and invalid as obvious under 103.
The patent owner – a Norwegian citizen – and her American husband during the ITC case said that “though they told the USPTO that they were both inventors to the patent, it was actually the Norwegian wife who was the sole inventor.” They believed having an American on the patent application would strengthen their position. The Administrative Law Judge at the ITC found there was “clear and convincing evidence that the [patent owner] intended to deceive the patent office by filing their false declaration.”