Anatomic Global Seeks Dismissal of Tempur-Pedic Lawsuit
July 29, 2009
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Mattress manufacturer Anatomic Global, Corona, Calif., has filed a motion to dismiss a lawsuit filed against the company and 13 bedding manufacturers in U.S. District Court for the Western District of Virginia, by Tempur-Pedic on the basis that Anatomic lacks personal jurisdiction and that Virginia is an improper venue as it never sold product in the region.
At the same time, Anatomic initiated litigation against Tempur-Pedic in U.S. District Court for the Central District of California seeking a declaratory judgment in its favor, saying that Tempur-Pedic's patents are "unenforceable, invalid and were not infringed upon under any circumstance."
Anatomic says it will continue to support and collaborate with all of the defendants and other competing manufacturers in the case.
"This lawsuit was designed in a truly dishonorable and un-American way to put a legal head lock around 13 reputable competitors and to force us to defend ourselves in the back woods of Virginia, where at least in our case, we never sold a mattress," said Anatomic CEO David Farley. "We thought we would simply take the opportunity while we had it, to defend ourselves here on our own turf in California. This move is key to the commitment we have made to our customers to keep our costs down."
Farley said Tempur-Pedic's legal proceedings rely upon a flawed technological and intellectual property position.
"I just want our customers and industry competitors to know that we at Anatomic believe we all have a very good chance of prevailing in the case and that we are all working like hell over here to assure that outcome," said Farley.
Tempur-Pedic, Lexington, Ky., filed its lawsuit in June, alleging that the defendants violated the patent protecting the proprietary design and construction of Tempur-Pedic's mattresses.
At the same time, Anatomic initiated litigation against Tempur-Pedic in U.S. District Court for the Central District of California seeking a declaratory judgment in its favor, saying that Tempur-Pedic's patents are "unenforceable, invalid and were not infringed upon under any circumstance."
Anatomic says it will continue to support and collaborate with all of the defendants and other competing manufacturers in the case.
"This lawsuit was designed in a truly dishonorable and un-American way to put a legal head lock around 13 reputable competitors and to force us to defend ourselves in the back woods of Virginia, where at least in our case, we never sold a mattress," said Anatomic CEO David Farley. "We thought we would simply take the opportunity while we had it, to defend ourselves here on our own turf in California. This move is key to the commitment we have made to our customers to keep our costs down."
Farley said Tempur-Pedic's legal proceedings rely upon a flawed technological and intellectual property position.
"I just want our customers and industry competitors to know that we at Anatomic believe we all have a very good chance of prevailing in the case and that we are all working like hell over here to assure that outcome," said Farley.
Tempur-Pedic, Lexington, Ky., filed its lawsuit in June, alleging that the defendants violated the patent protecting the proprietary design and construction of Tempur-Pedic's mattresses.
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