A patent infringement lawsuit filed by Insituform Technologies Inc. of St. Louis was upheld Dec. 7 by a U.S. District Court in San Francisco.
The decision places a permanent injunction barring American Pipe and Plastics Inc. of Binghamton, N.Y.; its subsidiary AM-Liner USA Inc.; J.F. Pacific Liners Inc. of Vacaville, Calif.; and their licensees from using Insituform's trenchless pipe rehabilitation processes.
The court awarded more than $3 million in damages to Insituform, according to an Insituform news release.
Bobbi Zurn, president of American Pipe and Plastics, said the company was disappointed that the court concluded AM-Liner infringed on Insituform's process, but he was pleased it found no willful infringement.
In a news release, Zurn said the court ``misperceived critical distinctions'' between Insituform's patented process and processes used by her company, and said American Pipe is ``actively pursuing all its options.''
Charles Curtis, general counsel for Pipe Liners Inc. and CSR Pipeline Systems in Houston, said American Pipe has filed a motion to amend the California judgment.
CSR has a similar lawsuit pending against American Pipe for alleged infringement of two of its seven patents for its U-Liner Pipe Rehabilitation System. That suit was filed in the U.S. District Court in Galveston, Texas.
``We are all anxiously waiting to see how this is going to shake out,'' Curtis said of the California judgment. ``We think it probably will affect our case, but we don't really know how.''