By Kevin Penton
Law360, New York (October 15, 2015, 8:38 PM ET) — Patent holder Blackbird Tech LLC sued Asics, New Balance and several other companies in Delaware federal court on Wednesday, alleging that they are infringing its patent for a sports bra.
Blackbird alleges that products made and sold by Asics America Corp., New Balance Athletics Inc., Lululemon Athletica Inc., Swoob Inc. and Zoot Sports Inc. all infringe one or more of the claims for U.S. Patent Number 7,867,058, according to the five, nearly-identical five-page complaints filed by the Boston-based company.
The ‘058 patent describes a sports bra with an “integral storage pouch” that can contain a portable music playing device, according to its description. The U.S. Patent and Trademark Office issued the patent in January 2011.
“There is a need for a bra with a storage integral pouch that does not alter the elasticity of the bra itself, is structurally sound and not prone to come loose during exercise, is comfortable, and is aesthetically pleasing,” reads the description for the patent, invented by Nancy-Jane Sweeney.
Blackbird alleges that the products that infringe the patent are Asics’ Abby Pocket Bra, New Balance’s Fabulous Framer Bra, Lululemon’s Run: Stuff Your Bra II and Run: Stuff Your Bra II Tank, Swoob’s Idona Racerback Pocket Sports Bra and Zoot’s Women’s Run Moonlight Bra, according to the complaints.
The company claims that the defendants’ actions are causing it to be “irreparably damaged” and that it will continue to be “irreparably damaged” unless the court stops them, according to the complaints.
Blackbird seeks an unspecified amount of damages and royalty fees from the defendants for infringing the patent, a judgement that the patent is valid and enforceable and its attorneys’ costs and fees, according to the complaints.
Counsel for Blackbird and officials with the various defendants could not be reached Thursday for comment.
The patent-in-suit is U.S. Patent Number 7,867,058.
Blackbird is represented by Stamatios Stamoulis and Richard C. Weinblatt of Stamoulis & Weinblatt LLC and in-house counsel Christopher Freeman and Wendy Verlander.
Counsel for the defendants could not be immediately determined Thursday.
The cases are Blackbird Tech LLC v. Asics America Corp., case number 1:15-cv-00929; Blackbird Tech LLC v. Lululemon Athletica Inc., case number 1:15-cv-00930; Blackbird Tech LLC v. New Balance Athletics Inc., case number 1:15-cv-00931; Blackbird Tech LLC v. Swoob Inc., case number 1:15-cv-00932 and Blackbird Tech LLC v. Zoot Sports Inc. et al, case number 1:15- 00933, in the U.S. District Court for the District of Delaware.
–Editing by Kat Laskowski.