Shock Doctor, Inc., announced that its preliminary injunction against competitor XO Athletic Company has been upheld by a federal appeals court.

Shock Doctor moved for a preliminary injunction in the patent suit to prevent XO Athletic from entering the market with a protective mouthguard, which infringes a 1994 Shock Doctor patent covering Shock Doctor's Gel Max Mouthguard. After receiving notice of Shock Doctor's allegations, XO Athletic redesigned its mouthguard in an attempt to avoid the claims of Shock Doctor's patent. Shock Doctor disputed the effectiveness of XO Athletic's redesign and asserted infringement of both designs.

After the United States District Court for the District of Minnesota granted the preliminary injunction, XO Athletic appealed the ruling. The injunction was most recently upheld by the U.S. Court of Appeals for the Federal Circuit, affirming and continuing the prohibition against XO Athletic from selling the original and redesigned XO mouthguard.

“We are pleased with this ruling and will continue to protect the significant investments we have made in the research and technology of our products,” said Steven Coopersmith, senior vice president of marketing for Shock Doctor. “The Gel Max Mouthguard sets Shock Doctor apart in the marketplace because of its superior design, which incorporates a heavy-duty Exoskeletal Shock Frame, Gel-Fit liner and breathing channels. Shock Doctor achieves global leadership because of our research, materials and the use of cutting-edge technology in developing our gear.”

Faegre & Benson LLP represents Shock Doctor in the case leading to this successful outcome, which further distinguishes the athletic brand as a global leader.