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Patent Law

: Philip Brooks’ Patent Infringement Updates

Monroeville Woman Claims Victoria's Secret Infringed on Her Patent

By Philip Brooks

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From a June 4, 2009 article by Paula Reed Ward at the Pittsburgh Post-Gazette:

They say necessity is the mother of invention.

For Heather Knox, it was frustration that drove her.

After spending years having to wear two bras at once to support her 36C breasts, she came up with the idea of combining a push-up bra with a full coverage one. And in 2006, she applied for -- and got -- a patent for her "multi-layer uplift bra."

In 2006, she was awarded a utility patent.

The process of getting the patent and trying to license her bra has cost Ms. Knox about $12,000.

In January 2007, she got in touch with the head bra designer at Victoria's Secret. She spoke with the woman on the phone and sent her an e-mail, including a description of her bra. She noted in the e-mail that the design was patented.

She never heard anything back from the popular lingerie company. But then recently saw the BioFit bra.

Yesterday, she filed a federal lawsuit against Victoria's Secret and its manufacturer, claiming that the new BioFit 7-way bra infringes on her patent.

Charles Von Simson, the patent litigation attorney representing Ms. Knox, doesn't believe Victoria's Secret actually sought to steal her idea.