Erise IP shareholder Adam Seitz recently spoke to the Kansas City Business Journal about his and Michelle Marriott’s victory at the International Trade Commission on behalf of Ergobaby and Baby Tula.
“Trade disputes heard by the ITC are typically the realm of huge, expensive law firms on the East Coast, but Kansas City-area firms are proving it doesn’t have to be that way,” the Business Journal wrote.
Erise teamed up with Kansas City-based Husch Blackwell attorney Beau Jackson to prove that the rival company’s patent wasn’t valid. In addition, they showed the original patent owner committed inequitable conduct, which invalidates the patent.
“The damages can be significant in these cases, from the standpoint of having your entire supply line shut off,” Seitz said. “If Lillebaby had won this, they’d be one of the only parties in the U.S. to supply a certain type of baby carrier. So (an ITC case) is a pretty big hammer to use if you want to get rid of your competition.”