The modest inventor of the “nipple cover” for women couldn’t convince the Federal Circuit to cover up its distaste for a patent lawsuit filed against a bevy of bra-makers yesterday.
Randi Black came up with an idea for the flexible, breathable “skin-like” under-the-clothes pasties so that women wouldn’t have to worry about their nipples showing through “thin garments” when going bra-less, according to the patent filing.
Black sued Ce Soir Lingerie and Bragle International as well as high-end department stores for infringing on the patent with their strapless, shaping bra called NuBra. But the suit, filed for Black by Santa Monica’s Dovel & Luner in 2006, didn’t get far even in the plaintiff-friendly Eastern District of Texas. Judge John Love dismissed the case, ruling last August that the patent was invalid because it was obvious to anyone with ordinary skill in the art of bra inventing.
The appeal didn’t get much farther. The Federal Circuit — which apparently isn’t concerned about errant areolas —dismissed it out of hand on Thursday (.pdf), affirming the lower court’s decision.
— Zusha Elinson
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