The Nautilus Group, Inc. announced Tuesday that the U.S. Federal District Court for the Western District of Washington granted ICON Health and Fitness, Inc.'s Motion for Summary Judgment of Non-Infringement under the Doctrine of Equivalents. Nautilus will appeal this decision to the Federal Circuit Court of Appeals once the District Court issues a decision on all remaining patent and trademark claims. Subject to the Federal Circuit's decision on the Nautilus appeal, this order removes most patent claims from the December 1, 2003, trial.
On September 4, 2003, the Federal Circuit Court of Appeals heard Nautilus' appeal of the District Court's order denying Nautilus' claim for literal patent infringement. Nautilus is presently awaiting a decision from the Federal Circuit Court of Appeals on that matter. Nautilus' trademark claims against ICON are awaiting a trial date in 2004.
“We are disappointed that ICON's Motion was granted; however, we will continue to aggressively defend our brands and patents both in the District Court and the Federal Circuit Court of Appeals. The value and potential of our Company lies in our industry leading brands. We will continue to build and drive innovation while on a parallel path pursuing damages against them to the full extent of the law,” commented Gregg Hammann, President and Chief Executive Officer.
