Facts

Plaintiffs Ingrid Carney and Ingrid & Isabel, Inc. own a patent for maternity wear that accommodates the changing shape of a woman's body during pregnancy, minimizing the need for maternity clothes.

Defendant Mothers Work Inc. (MW) designs, manufactures, distributes, imports, and sells maternity wear at its US retail stores. MW sells the Tummy Sleeve, Tummy Sash, and the Tummy Tube in retail stores, including Mimi Maternity, A Pea in the Pod, Motherhood Maternity, and Destination Maternity.

The plaintiffs sued defendant for patent infringement, unfair competition, and false advertising.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the Tummy Sleeve, Tummy Sash, and the Tummy Tube infringed their patent.

Result

As part of a settlement permitting MW to continue to sell the Tummy Sash, Tummy Tube, and Tummy Sleeve, MW agreed to a consent judgment whereby it agreed that the Tummy Sash, Tummy Tube, and Tummy Sleeve infringed on plaintiffs' patent. All other claims were dismissed with prejudice.

Other Information

FILING DATE: Feb. 27, 2007.