The Tempur-Pedic lawsuit alleged that two Simmons products infringed its U.S. Patent No. 7,507,468, titled "Laminated Visco-Elastic Support" (the "'468 Patent"). Simmons denied Tempur-Pedic's allegations of infringement and in addition, requested that the U.S. Patent and Trademark Office (the "USPTO") reexamine the validity of the '468 Patent.
Tempur-Pedic cited Simmons' request that the USPTO reexamine the validity of the '468 Patent as the impetus for its decision to dismiss the lawsuit. Pursuant to the terms of the settlement agreement, the lawsuit will be dismissed without prejudice subject to the court's entry of a stipulated order.
Stephen G. Fendrich, President and Chief Operating Officer of Simmons, said, "We're pleased that Tempur-Pedic has made the decision to end this legal action against Simmons. We maintain that the '468 Patent is not valid and its review by the USPTO through the reexamination process remains pending."
Atlanta-based Simmons Bedding Company is one of the world's largest mattress manufacturers, manufacturing and marketing a broad range of products including Beautyrest®, Beautyrest Black®, Beautyrest Studio(TM), ComforPedic by Simmons(TM), ComforPedic Loft(TM), Natural Care®, Beautyrest Beginnings(TM) and BeautySleep®. Simmons Bedding operates 19 conventional bedding manufacturing facilities and one juvenile bedding manufacturing facility across the United States, Canada and Puerto Rico. Simmons Bedding also serves as a key supplier of beds to many of the world's leading hotel groups and resort properties. Simmons Bedding is committed to developing superior mattresses and promoting a higher quality sleep for consumers around the world. For more information, visit Simmons Bedding's website at www.simmons.com.
SOURCE Simmons Bedding Company
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