A Drinker Biddle patent litigation team secured a victory on March 22 for specialty retailer Charming Shoppes in a three-year patent infringement case in federal court in the Southern District of New York against Corporacion 1466. The case, which was voluntarily dismissed with prejudice, involved "Secret Slimmer," a product featuring slimming panels in pants. The Charming Shoppes companies are leading apparel retailers specializing in women’s plus-size clothing. Charming Shoppes faced potential exposure on a percentage of sales of the popular product from 2006-2009 and continuing royalties on sales through 2022.
In 2009, Corporacion 1466 filed a patent infringement complaint against Charming Shoppes in federal court. After initial discovery and motions, the Drinker Biddle team employed the strategy of seeking reexamination of Corporacion 1466’s patent claims in the United States Patent & Trademark Office, and also secured a stay of the litigation. The Drinker Biddle team convinced the patent examiner that the patent claims at issue were not entitled to patent protection because they were directed to obvious variations of previously-known designs. As a result, The Patent Office cancelled all patent claims asserted in the litigation against Charming Shoppes, and Corporacion 1466 voluntarily dismissed its patent infringement case with prejudice.
The Drinker Biddle team was led by partner Barry Sufrin, and included associates Carrie Beyer, Marsha Indych and Marc Kaplan, and paralegals Gwen Benoy and Vellera Heard.