Shock Doctor, Inc. reports it was granted a preliminary injunction in its case against New Jersey-based XO Athletic Company in U.S. District Court for the District of Minnesota on April 23, 2008. Chief Judge James M. Rosenbaum found that a protective mouthguard recently introduced by XO Athletic likely infringes a 1994 patent covering the Shock Doctor Gel Max mouthguard. Finding a substantial likelihood that both the original and redesigned mouthguards of XO Athletic infringed Shock Doctor’s patent, the Court barred XO Athletic from making, marketing or selling its infringing mouthguard while litigation is pending.


Steve Washburn, Shock Doctor president and chief executive officer, says the company was intent on protecting the innovative Gel Max design. “We were the first to develop this industry-changing technology-and we look forward to maintaining exclusive rights to this superior product,” says Washburn.


Minneapolis-based law firm Faegre & Benson LLP is representing Shock Doctor in its patent infringement claims against XO Athletic.