Flambeau claims victory in patent fight

By Frank Antosiewicz
Correspondent

Published: January 17, 2014 10:50 am ET
Updated: January 17, 2014 11:24 am ET

Related to this story

Topics Recreational/sporting goods, Toys

A Utah federal district court judge has ruled that Flambeau Inc. did not infringe on patent claims filed by Etagz Inc., of Springvale, Utah.

According to court documents, Judge Bruce Jenkins ruled Dec. 13 in the U.S. District Court of Utah that all patent claims asserted by Etagz against Flambeau were invalid.

Etagz had said that 81 of Flambeau's Duncan Toy Co.'s products and Flambeau Outdoor Products infringed on three of its patents by including instructional CD-ROMs or DVDs.

Flambeau, based in Baraboo, Wis., makes yoyos as well as hunting and fishing products.

Etagz owns patents that allow for the attachment of digital media to products that are sold at the retail level. It has vigorously tried to enforce its patents through the court system and its website lists many licensing agreements it has won from brand owners.

Flambeau President Jason Sauey called Etagz "patent trolls" in a statement.

"While the attorney's fees needed to fight such suits may be greater than what a charging plaintiff will settle for, Flambeau and the rest of the Nordic Group of Cos. Ltd. believe in standing on principle and will not pay demands to license patents that are invalid and/or not infringed," he said. "We would rather go the distance in litigation then pay undeserved windfall to such parties. In short we are unwilling to reward the extortionist demands of patent trolls."

Flambeau was represented in the lawsuit by the law firm Quarles & Brady LLP of Madison, Wis.

"We believed that the patents at issue did not embody anything that had not been done before and, therefore, that Flambeau was not liable for patent infringement. The court agreed and invalidated the asserted claims," said attorney Josephine Benkers, of Quarles & Brady in a news release.

Flambeau, established in 1947 and owned by the Nordic Group, does a variety of manufacturing operations including injection molding, blow molding and insert molding.

Etagz did not respond to a request for comment.


Comments

Flambeau claims victory in patent fight

By Frank Antosiewicz
Correspondent

Published: January 17, 2014 10:50 am ET
Updated: January 17, 2014 11:24 am ET

Post Your Comments


Back to story


More stories

Image

DuPont resins help take Nike golf balls 'Fore!'ward

July 25, 2014 1:07 pm ET

It may be difficult to imagine just how much science, not to mention rubber and plastic components, go into a golf ball. But global giant DuPont Co....    More

Market Reports

Plastics Recyclers Data Report & Directory

This exclusive MS Excel database contains all the companies from Plastics News' ranking of top North American Recyclers and Brokers by reprocessed volume and also includes a directory with materials processes, services offered and company contact information. Data is based on primary research by PN editorial staff.

Learn more

2014 Injection Molding Industry Report

GROWTH, OPPORTUNITY IN SIGHT FOR INJECTION MOLDERS IN 2014

In the wake of the economic turbulence earlier in this decade, molders today find themselves in much better shape. Molders are gaining a competitive advantage by investing in people, equipment and seeking inroads into new markets on a global scale.

Growth in the injection molding industry is going to be driven by low financing costs and a continued move to reshore some business.

Learn more

Shale Gas Market - Analysis of North American Region

This report highlights the impact of shale-based natural gas on the North American plastics market and features an in-depth analysis of production trends in the United States during 2013 and a forecast for 2014 and beyond.

Learn more

Upcoming Plastics News Events

September 10, 2014 - September 12, 2014Plastics Caps & Closures 2014

January 14, 2015 - January 14, 2015Plastics in Automotive

February 4, 2015 - February 6, 2015Plastics News Executive Forum 2015

More Events