Bedding suits: Let's hear from courts
I got an email from a bedding producer the other day supporting Kingsdown in its patent infringement litigation against Comfort Solutions. Kingsdown is clearly in the right, this producer said.
To which I respond: Not so fast. That's a matter for the courts to decide.
We all may have opinions on whether Kingsdown is in the right or whether Comfort Solutions is in the right in their patent litigation, but it's important to remember that those opinions don't really matter. What does matter is how the legal process assesses the issues.
That's one of the points I make in my latest Bedding Podcast on bedding litigation, and it's worth repeating in this forum as well. Lawsuits present allegations, which may or may not be borne out by legal scrutiny. Let's let the legal process play out.
Take sides if you want, but I'm going to see what happens in the courts before I make up my mind.
sewnsew commented:
You are dead on about the legal process. Patent Law is not as clear cut as it looks from first glance. A lot of things must be considered. Any claims from an actual patent used as a basis for filing suit of infringement must be disected and examined. Prior art must be considered, not to mention how the inventor happend upon his invention? Several other suits and threats have been thrown around the bedding industry by one of the largest players. Ninety percent of infringement suits are settled out of court, whether an amicable soution is the resort or not. You might need a large war chest to fight a big player, but you can win if you understand what the law is and not the general perception. DON'T judge a mattress by its cover or appearence(ticking and/or handles outlined with a matching tape edge material). The same goes for a patent infringement suit. Open it up and see what is inside first, then let the courts be the judge. Things are not always what they Sea--??
