The Nautilus Group, Inc. announced that it has appealed a ruling by the United States District Court for the Western District of Washington in which the Court denied the company’s motion for a preliminary injunction and granted partial summary judgment to ICON Health and Fitness, Inc., on the issue of “literal infringement”.
“Although the company asking for an injunction bears the burden of proof, we believe Nautilus has met that burden and, therefore, we have appealed this ruling. At the same time, we continue to focus on preparing for trial where the vast majority of issues, including claims for patent infringement based on the “doctrine of equivalents”, trademark infringement, and unfair competition remain unaffected by this ruling. Nautilus will vigorously protect and defend its intellectual property and will seek monetary damages and all other remedies provided by law,” stated Brian Cook, Chief Executive Officer.
On December 3, 2002, The Nautilus Group announced it had filed a patent infringement action against ICON Health and Fitness, Inc., asserting infringement of two of The Nautilus Group’s patents relating to the Bowflex exercise machine.