Smart Parts haben gestern eine Pressemitteilung zum Prozess in Wisconsin herausgegeben. In dieser steht, widersprüchlich zur Pressemitteilung von WDP, dass sie weiterhin ihre Markierer verkaufen dürfen.
JURY REACHES VERDICT IN NPF v. SMART PARTS PATENT CASE
A four-day jury trial on NPF's allegations of patent infringement againstSmart Parts concluded Thursday, December 9, 2004 in the U.S. District Court
for the Western District of Wisconsin. The jury found claim 10 of U.S.Patent No. 6,311,682 (the '682 patent) invalid for obviousness. Claims 21 and 39 of U.S. Patent No. 6,615,814 (the '814 patent) were not found to be invalid for obviousness. All three claims had previously been found to be infringed in a November 17, 2004 Memorandum and Order. Several post trial issues remain pending and Smart Parts is preserving all of its legal rights.
Damages in the amount of $109,070 were awarded to NPF as a reasonable
royalty for Smart Parts' infringement and an injunction prohibiting Smart
Parts from future infringement of claims 21 and 39 of the '814 patent was
entered following the jury verdict on damages.
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This does NOT affect Smart Parts' ability to market, sell, and distribute
its Shocker, Impulse, and Nerve paintball guns and will not detrimentally
affect the quality or performance of its markers in any way.
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Smart Parts has already taken all the necessary steps to comply with the
terms of the injunction. Smart Parts' dealers and distributors therefore do
not need take any action with respect to their continued sales of Smart
Parts' products. The injunction does not apply to markers sold by Smart
Parts before December 9, 2004.
Any dealer inquiries should be directed to Smart Parts at (724) 539-2660.