Dave Roberts, President and COO of Comfort Solutions has shared the below comments in regards to the US Patent and Trademark’s ruling on US Patent No. 6,858,328 for the Kingsdown mattress diagnostic system.
“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 USPTO—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.”
For more information on Comfort Solutions, visit www.comfortsolutions.com.
About Comfort Solutions: A global mattress producer and name, Comfort Solutions has 10 domestic and 30 international licensees. Each is committed to helping drive business for its retail customers through relevant and innovative brands and programs.