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Thread: Primos lawsuit
06-15-2004, 07:42 PM #1
For Immediate Release
Jury finds in favor for Primos Hunting Calls
Primos, Inc. announces a jury verdict of patent infringement against Hunterís Specialties, Inc. In January 2001, Hunterís Specialties, began advertising a line of in-mouth diaphragm calls known as ďTone TroughĒ calls. Primos immediately objected to Hunterís Specialtiesí marketing of Tone Trough products, claiming that these products infringed various patents held by Primos. Hunterís Specialties failed to discontinue sales and manufacturing of Tone Trough products, and thus Primos was forced to file a lawsuit against Hunterís Specialties. Primos also brought suit individually against David Forbes, the President and CEO of Hunterís Specialties, and Wayne Carlton, a consultant who designed the infringing Tone Trough products. After more than three long years of litigation, the case finally went to trial on March 15, 2004. The parties presented their cases to a jury over a three and one half week period.
The jury found that Hunterís Specialtiesí Tone Trough products (used for both turkey and elk calling) infringed two of Primosí patents. The jury also found Mr. Forbes and Mr. Carlton individually liable as individuals who induced the infringement.
Primos claimed substantial damages resulting from Hunterís Specialties,í Mr. Forbes,í and Mr. Carltonís infringing activities. The jury agreed with Primos, and awarded $1,134,232.00 in damages.
All along, Primos also believed that Hunterís Specialtiesí infringement, based upon the conduct of Mr. Forbes and Mr. Carlton, was intentional and willful. The jury agreed, and a Judgment has been entered against Hunterís Specialties, Wayne Carlton, and David Forbes for willful infringement. Because the jury found the infringement to be willful, the case has been placed in the hands of the judge to determine how much to enhance the damages award (potentially up to three times the amount of the damages already awarded, plus prejudgment interest). Additionally, because the jury found the infringement to be willful, Primos has asked the Court for an award of the attorneysí fees it incurred in litigating this case, which exceeded $1.6 million.
Based upon the juryís findings and verdicts, the judge issued a permanent injunction, requiring Hunterís Specialties to immediately cease all manufacture, use, advertising and sale of Tone Trough products.
Primos considers this a substantial victory for those who believe in the U.S. patent system. The validity of patents covering Primosí Palate Plate and Sound Plate turkey and elk calls is sustained. Pursuant to the juryís verdict, Primos again returns to its position as the only game call company in the market that provides an in-mouth diaphragm call with a cover structure over the latex, with the associated advantages and benefits.
Although Primos was pleased with the findings of the jury they would have, of course, preferred not to have fought one of their competitors in court. Primos feels strongly about itís patents and trademarks having invested large sums building itís Intellectual Property Portfolio and will not stand idly by while someone attempts to make use of their property.
Primos continues to invest in research and development of other fine products, protecting those products through the U.S. patent system and in so doing offers to the hunting public unique and innovative products. at present Primos owns 19 patents and has 6 patent applications pending.
Primos thanks you for all of your support and understanding, as Primos is aware that the litigation was distracting and time consuming. Primos pledges to you their continued support and a continued commitment to being a true business partner
06-15-2004, 07:50 PM #2
Thanks for the story, First I've heard of that.
"It makes no difference whether I got anything; it has to do with how the day was spent"
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