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 Chiscos 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 EKs lost profits and royalty fees plus pre-judgement and post-judgement interest and that these amounts be tripled because of Chiscos willful violation of the patent.
Chisco made several counterclaims, including the assertion that its own patent protected the design. This claim failed and Chiscos patent was declared by the court to be invalid. Chiscos other claims against EK, including one accusing EK of violating the Utah Unfair Competition Act, were dismissed with prejudice.