Quarles Team Helps Intake Breathing Bring Home Important Patent Protection Win in Federal Court

Dawn David and Elizabeth Shirreff, Quarles & Brady attorneys in the Intellectual Property Practice Group, helped client Intake Breathing Technology secure an important win in U.S. federal court against a company selling an imitation product.

On behalf of Intake, the Quarles team sought a preliminary injunction as part of a countersuit against the company, which had filed a suit last summer “seeking declaratory judgment of noninfringement regarding the snore-relief product it sold on Amazon as nasal strips,” noted a Law.com article about the case.

U.S. District Senior Judge Reggie Walton of the District of Columbia ruled last week in favor of Intake and granted the preliminary injunction, finding that “that the balance of equities clearly favors the issuance of a preliminary injunction, especially because the Court has concluded that the plaintiff is likely infringing the defendant’s patent and causing the defendant irreparable harm.”

In the Law.com article, David said the decision provides important protection of technology Intake has worked hard to develop. An excerpt:

“We’re very pleased with the decision and appreciate the Court’s careful consideration of the issues,” Dawn David, a partner at Quarles in Milwaukee said Tuesday in a statement shared with Law.com via email.

“Intake Breathing is a family company that spent years building and patenting innovative technology that delivers life‑changing breathing,” David added. “This decision helps protect that and the customers who depend on it.”