EK Wins Lawsuit against Chisco…

In a Consent Judgment and Permanent Injunction entered on April 20, 2006, the United States District Court for the District of Utah has decreed that Chisco’s P2 Powercord eyewear retainer infringes on EK Ekcessories’ 3 Way Retainer Patent. Chisco was permanently enjoined by the Court and is no longer able to manufacture, sell, offer to sell, use or import any P2 Powercord eyeglass retainers.

Originally, EK asked the court to award damages covering EK’s lost profits and royalty fees plus pre-judgement and post-judgement interest and that these amounts be tripled because of Chisco’s willful violation of the patent.

Chisco made several counterclaims, including the assertion that its own patent protected the design. This claim failed and Chisco’s patent was declared by the court to be invalid. Chisco’s other claims against EK, including one accusing EK of violating the Utah Unfair Competition Act, were dismissed with prejudice.

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Teresa Hartford

Teresa Hartford Editorial & Creative Director | SGB Media teresa@sgbonline.com | 704.651.5741

EK Wins Lawsuit Against Chisco

In a Consent Judgment and Permanent Injunction entered on April 20, 2006, the United States District Court for the District of Utah has decreed that Chisco’s P2 Powercord eyewear retainer infringes on EK Ekcessories’ 3 Way Retainer Patent, specifically U.S. Patent No. 6,709,100. In particular, all members of the Chisco organization were permanently enjoined by the Court and are no longer able to manufacture, sell, offer to sell, use or import any P2 Powercord eyeglass retainers or any other retainer that is substantially similar to the P2 Powercord until such time as the EK patent expires.

Chisco’s counterclaim asserting its own 3-way retainer patent against EK failed as the critical claims of that patent, U.S. Patent No. 6,746,177, were declared by the court to be invalid. Chisco’s other claims against EK were dismissed with prejudice.

EK Ekcessories President Ed Kalbach: “Going into this litigation I was confident that we would come out on top. EK always has and will continue to be the leading innovator for eyewear accessories and will continue to aggressively protect its intellectual property.”

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