Comfort Solutions responds to Kingsdown
Furniture Today Staff -- Furniture Today, January 30, 2012
WILLOWBROOK, Ill. - A story on page 106 of this issue reports on Kingsdown's statements about a diagnostic selling system patent held by Kingsdown that is being challenged by fellow bedding manufacturer Comfort Solutions.
Comfort Solutions initially declined to comment on a recent legal development in the case. But Comfort Solutions President and COO Dave Roberts issued a statement after he read news accounts on the case. Furniture/Today received that statement after the story on Page 106 was sent to press.
This is the complete statement:
"We believe that legal disputes between companies are best tried in the court system and not in the media. However, last week's news reports on the significance of the recent action taken by the U.S. Patent & Trademark Office - prompted by a press release issued by Kingsdown - have compelled us to step forward to set the record straight.
"With respect to Kingsdown's suit against Comfort Solutions over our Sleep iD system, it is an accurate statement that a PTO examiner declined on Jan. 6 to re-examine the validity of Kingsdown's patent. We have appealed that decision to a PTO board of review - a customary practice - because we believe the examiner's basis for declining to re-examine the Kingsdown patent was in error.
"Further, we want to clarify that the PTO's action did not ‘confirm the validity' of Kingsdown's patent, as reported, because the agency has not yet examined it on that basis. Finally, neither did the PTO ‘affirm' Kingsdown as ‘the authority in sleep diagnostics' as quoted by the company. These are both misleading statements and not supported by the communication from the PTO.
"This initial PTO ruling doesn't significantly impact our position and we remain committed to supporting our customers and licensees in their use of our sleep diagnostics program."
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