November 02, 2023

Faegre Drinker Represents Retailers of Intex in Favorable Federal Circuit Rulings

A Faegre Drinker team led by Indianapolis intellectual property partners Trevor Carter and Drew McCoy represented several retailers on behalf of Intex Recreation Corp. for the sale of airbeds accused of patent infringement and secured three favorable federal circuit appeal rulings on three patents being litigated in the U.S. District Court for the Eastern District of Texas. The Federal Circuit affirmed Patent Trial and Appeal Board (PTAB) decisions that patent owner Team Worldwide should never have been granted these patents covering a type of pump used for inflatable products (e.g., air mattresses).

In the related Eastern District of Texas case, shortly before a July 2021 trial, the District Court stayed proceedings after two of the patents were found invalid by the PTAB and a third was remanded to the PTAB by the U.S. Court of Appeals for the Federal Circuit. With the Federal Circuit decisions on these patents, the case should be dismissed.

A cross-office team of attorneys assisted Carter and McCoy on this litigation, including support from Denver partner Joel Sayres, Minneapolis associates Doowon Chung and Kirsten Elfstrand, and Indianapolis associates Reid Dodge, Josh DeAmicis and Matthew Spegele, and senior paralegal Debbie Cairns.

Intex Recreation Corp., headquartered in Long Beach, California, is a leading distributer of airbeds, above ground pools, spas, toys, furniture, boats and other products.

Read the Law360 articles on the Federal Circuit decision here and here.

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