Shock Doctor, Inc. said XO Athletic Company has consented to a permanent injunction prohibiting XO Athletic from infringing Shock Doctors Gel Max Mouthguard patent.
Shock Doctor filed suit in 2008, to prevent XO Athletic from entering the market with a protective mouthguard asserted to infringe a 1994 Shock Doctor patent covering Shock Doctors Gel Max Mouthguard. A subsequent redesign by XO Athletic was also disputed by Shock Doctor, who asserted infringement on both designs.
Shock Doctor was initially granted a preliminary injunction by the United States District Court for the District of Minnesota. XO Athletic appealed this injunction, but it was upheld in its entirety by the U.S. Court of Appeals for the Federal Circuit. The consent judgment converts the preliminary injunction into a permanent injunction, with XO Athletic having withdrawn the mouthguards in question from the market.
“We are pleased to reach resolution on this case,” said Steven Coopersmith, senior vice president of marketing for Shock Doctor. “The Gel Max Mouthguard is one of our flagship products and reflects our commitment to creating superior products that protect all athletes. Shock Doctor invests heavily in research and collaboration with medical professionals to develop technologically advanced gear, and this result supports our ability to continue to do so.”