Two producers plan to fight Tempur-Pedic suit
By Furniture Today Staff -- Furniture Today, June 22, 2009
Atlanta — Simmons and Anatomic Global, two of the bedding producers sued by Tempur-Pedic earlier this month for alleged patent violation, say they plan to fight the suit.
Memory foam leader Tempur-Pedic included the companies among more than a dozen bedding manufacturers that it accused in a June 10 lawsuit of violating a U.S. patent Tempur received in March covering mattress constructions using layers of foam.
In a statement, Simmons said it had not yet been served with the suit but was analyzing Tempur-Pedic's patent and its allegations of infringement. Simmons said it "expects to vigorously defend our products against these claims if and when served. In the meantime, our product and selling strategy remains unchanged, so it will be 'business as usual' for our customers and suppliers."
Anatomic Global said the lawsuit was "totally baseless and without merit in law." In a press release, CEO David Farley said that the suit was part of Tempur-Pedic's strategy of using intimidation against retailers as a means to protect market share.
"This is an unfortunate and pathetic attempt by the schoolyard bully, Tempur-Pedic, to push its retailers into submission by implying they will be unable to get product from companies like ours in the future," said Farley. "Instead of trying to win business by treating dealers with respect, allowing them to market their products and earn a decent margin, Tempur-Pedic is threatening to kill the supply chain that fosters competition and that keeps their company in check from total domination of the market."
Farley said Anatomic Global has a 28-year history of product design and manufacturing that the U.S. Patent Office has apparently not deemed as relevant "prior art." He also said the second-generation memory foam products such as those produced by Anatomic were superior to Tempur-Pedic's products.
Tempur-Pedic filed the suit in U.S. District Court for the Western District of Virginia.
Defendants included Anatomic Global, Sealy, Simmons, Serta, Carpenter, Englander, Classic Sleep, Bragada, Essentia, IR Specialty Foam, Jeffco Fibres, Spirit Sleep, World Sleep Products, Serta Restokraft Mattress and Sleep Products Inc.
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Anatomic Global responds to Tempur-Pedic lawsuit
Jun 12, 2009 -
Tempur sues its rivals
Jun 15, 2009 -
Simmons reacts to Tempur-Pedic patent suit
Jun 12, 2009
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