DCT
3:05-cv-04829
Line Rothman v. Target Corp
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Line Rothman and Glamourmom LLC (New York)
- Defendant: Target Corporation (Minnesota), et al.
- Plaintiff’s Counsel: Cowan, Liebowitz & Latman, P.C.
- Case Identification: 3:05-cv-04829, D.N.J., 03/23/2007
- Venue Allegations: Venue is alleged to be proper on the basis that the numerous defendants conduct business in the District of New Jersey.
- Core Dispute: Plaintiffs allege that various nursing tank tops and camisoles sold by multiple major retailers and apparel companies infringe a patent for a stretchable nursing tank top with an integrated and concealed internal breast support structure.
- Technical Context: The technology relates to maternity and nursing apparel, specifically garments designed to combine the functionality of a nursing bra with the appearance of a tank top to offer discretion and convenience.
- Key Procedural History: The filing is a Third Amended Complaint, indicating significant prior procedural activity in the case. Plaintiffs also allege that Defendants had notice of the patent-in-suit through the publication of a related international patent application.
Case Timeline
| Date | Event |
|---|---|
| 2000-10-06 | '029 Patent Priority Date |
| 2005-02-15 | '029 Patent Issue Date |
| 2007-03-23 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 6,855,029 - Stretchable Nursing Tank Top With Invisible Breast Support
The Invention Explained
- Problem Addressed: The patent describes the state of the art as requiring nursing mothers to wear a nursing bra underneath a separate outer garment. Accessing the bra required moving the outer garment, which could be awkward and expose the user's midsection. Existing specialized nursing tops were described as having "odd-looking slits and openings" and often lacking adequate breast support ('029 Patent, col. 1:12-48).
- The Patented Solution: The invention is a form-fitting tank top with a built-in "invisible" nursing bra that is partly internal and partly external ('029 Patent, Abstract). The internal structure includes a soft cup frame and an elastic chest band for support, while the garment's shoulder straps form the external part of the bra structure. An outer "elastic stretch fabric body" is integrated with this internal frame in a specific way to create a "smooth single piece garment appearance" ('029 Patent, col. 3:13-15). This design allows the user to unfasten a nursing flap to breastfeed without displacing the main body of the tank top, thereby keeping the stomach covered.
- Technical Importance: The invention sought to provide a garment that combined the support of a nursing bra with the discreet style of a conventional tank top, eliminating the need for separate, layered clothing items ('029 Patent, col. 2:11-19).
Key Claims at a Glance
- The complaint does not specify which claims are asserted, alleging infringement of the patent generally (Compl. ¶24-27). Independent claim 1 is representative of the core invention.
- The essential elements of independent claim 1 include:
- A shoulder strap.
- An elastic chest band.
- A soft cup frame attached to the chest band and the front of the shoulder strap.
- A back piece connecting the chest band to the back of the shoulder strap.
- An internal nursing flap attached to the base of the soft cup frame.
- A fastener system to releasably attach the top of the internal nursing flap to the shoulder strap.
- An "elastic stretch fabric body" (the outer tank top) with its top front edge attached to the top of the internal nursing flap and its rear top edge attached to the back end of the shoulder strap.
III. The Accused Instrumentality
Product Identification
The accused instrumentalities are a range of nursing garments, including the "Leading Lady Nursing Bra Tank or Nursing Tank with Full Sling or Drop Cup Nursing Camisole (product number 718)," the "Mothers Work Mimi Maternity nursing tank with shelf bra (product number 62876-07)," and the "New Additions Maternity Nursing Cami (product number K09431)," among others (Compl. ¶24-26).
Functionality and Market Context
The complaint alleges these are nursing garments sold by a wide array of major U.S. retailers and maternity brands, including Target, Kohl's, Macy's, and Motherhood Maternity (Compl. ¶6-18). The products are identified as nursing tanks, camisoles, and tanks with shelf bras, which suggests they perform the general function of providing breast access for nursing within a tank-top style garment. The complaint does not provide further technical details on the specific construction of these products. No probative visual evidence provided in complaint.
IV. Analysis of Infringement Allegations
The complaint alleges infringement of the '029 Patent but does not provide a detailed claim chart or specific evidence mapping claim elements to the accused products. The following chart summarizes the infringement theory for representative claim 1, based on the conclusory allegations in the complaint.
'029 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a shoulder strap having a front end and a back end | The accused nursing camisoles and tanks are alleged to include shoulder straps as part of their construction. | ¶24-26 | col. 4:46-47 |
| a soft cup frame having a base and a top, said soft cup frame attached at said base thereof to said front section of said elastic chest band and attached at the top the thereof to said front end of said shoulder strap | The accused garments, some identified as having a "shelf bra," are alleged to contain an internal support structure corresponding to the claimed soft cup frame. | ¶25 | col. 4:49-54 |
| an internal nursing flap having a base and a top, said base thereof attached to said base of said soft cup frame | The accused products, identified as "nursing" tanks and "drop cup" camisoles, are alleged to have internal flaps for nursing access. | ¶24 | col. 4:57-59 |
| a first fastener attached to said top of said internal nursing flap, and a second fastener attached to the front end of said shoulder strap, said first fastener adapted to fasten said top of said internal nursing flap to said second fastener | The accused nursing garments are alleged to include fasteners for opening and closing the nursing flaps. | ¶24 | col. 4:60-64 |
| an elastic stretch fabric body having a top front edge attached to said top of said internal nursing flap and a rear top edge attached to said back end of said shoulder strap | The outer tank top portion of the accused garments is alleged to be constructed and integrated with the internal bra components as claimed. | ¶24-26 | col. 4:65-68 |
- Identified Points of Contention:
- Structural Questions: The complaint alleges that products with a "shelf bra" infringe (Compl. ¶25). A central technical question will be whether a generic "shelf bra" meets the more specific structural limitations of the claimed "soft cup frame," "elastic chest band," and "back piece" combination ('029 Patent, cl. 1). The complaint does not provide the details needed to assess this.
- Scope Questions: Claim 1 requires a very specific arrangement where the outer "fabric body" attaches directly to the "top of said internal nursing flap." This integration appears to be a key element for creating the "invisible" support structure. A point of contention may be whether the accused products are constructed in this manner or if their outer layer and inner bra/flap layers are separate components joined only at a main seam, which could raise a question of non-infringement.
V. Key Claim Terms for Construction
The Term: "soft cup frame"
- Context and Importance: This term defines the core internal support element of the bra. Its construction will be critical to determining infringement, especially concerning accused products described as having a "shelf bra" (Compl. ¶25). Practitioners may focus on whether this term requires a distinct, shaped component as depicted in the patent's figures, or if it can be construed more broadly to cover any internal fabric layer that provides support.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The term is not explicitly defined, and one could argue it encompasses any non-underwire support structure, consistent with its plain meaning.
- Evidence for a Narrower Interpretation: The specification consistently describes the "soft cup frame" (2) as a specific component to which the elastic chest band (15), shoulder straps (5), and internal nursing flaps (8A) are attached in a precise configuration ('029 Patent, col. 2:54-57; Fig. 3). An argument could be made that the term is limited to a structure possessing these specific connection points.
The Term: "an elastic stretch fabric body having a top front edge attached to said top of said internal nursing flap"
- Context and Importance: This limitation defines the critical point of integration between the outer garment and the inner, functional nursing flap. The infringement analysis may turn on whether the accused products physically connect their outer layer to the releasable flap itself, or if they use a different construction.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: A party might argue this language covers any construction where the outer fabric and the inner flap are joined together near the fastener, functionally forming a single piece that is released for nursing.
- Evidence for a Narrower Interpretation: The claim language is highly specific, requiring attachment of the "top front edge" of the body to the "top" of the flap. This suggests a direct connection is required to achieve the "smooth single piece garment appearance" noted in the specification ('029 Patent, col. 3:13-15). A court could find this to be a strict structural limitation not met by products where the outer body and inner flap are constructed as separate layers.
VI. Other Allegations
- Indirect Infringement: The complaint makes conclusory allegations of induced and contributory infringement (Compl. ¶27). It does not allege specific facts, such as the contents of product instructions or advertisements, that would demonstrate the requisite intent for inducement.
- Willful Infringement: Willfulness is alleged "upon information and belief" (Compl. ¶29). This allegation is supported by the claim that Defendants had actual or constructive notice of the '029 Patent's subject matter through the publication of related PCT and U.S. patent applications (Compl. ¶23).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of structural correspondence: do the accused nursing garments, particularly those identified as having a "shelf bra," possess the specific, multi-component internal support structure recited in claim 1, including a "soft cup frame" and "back piece" with the claimed points of attachment, or is their internal construction materially different?
- A key evidentiary question will be one of component integration: does the outer fabric shell of the accused products attach directly to the top edge of the internal nursing flap, as explicitly required by the claim language? The resolution of this question may determine whether the accused products achieve the patented "invisible" bra integration or are merely conventional, layered garments.
- Given the number of defendants and accused products, a significant case management question will be how the parties and the court handle discovery and infringement contentions across a diverse set of potentially different product constructions.