Runberg Inc. (that does business as “Zephyrs”) filed a $5.9 million malpractice lawsuit against law firm McDermott Will & Emery LLP claiming that the attorneys’ patent-drafting errors allowed Amazon.com and Victoria’s Secret to infringe its invention for bra push-up inserts. Zephyrs claims that drafting errors rendered U.S. Patent No. 8,216,021 defective, and – worse yet – Zephyrs cannot now sue competitors during the "blackout period" that is in effect while it seeks a reissue of its patent.
Zephyrs claims to have lost $5.9 million in profits, and it also seeks reimbursement for its legal fees and expenses incurred in the reissue application process.
Here is what we want to know: The word “Zephyr” comes from Zephyrus, the Greek god of the west wind. Lincoln had a model called the “Zephyr,” and Amtrak runs a train from Chicago to San Francisco called the “Zephyr.” And both of those names make sense for those products and services. Why would a lingerie company adopt that name?