STX, LLC announced that in the patent lawsuit filed against it by Brine, Inc. of Massachusetts, a jury returned a verdict of non-infringement of one of two Brine patents asserted. While the jury found that certain STX lacrosse heads infringed a second, later issued Brine
patent, no judgement has yet been entered in the case. Since there is an issue outstanding to be decided by the Judge, the case is not complete and STX may still prevail on both patents.
Still pending with the Massachusetts federal court is a
significant claim by STX alleging inequitable conduct by Brine during
the patent prosecution process. A finding for STX on inequitable
conduct would render Brine's patents unenforceable. Regardless of the
outcome of that claim, STX is confident in its position on appeal that
Brine's later issued patent is invalid on the basis of prior art
lacrosse sticks never considered by the patent office at the time
Brine's patent issued.
“STX is in the business of product innovation, not copying others'
products,” said STX President, Richard B.C. Tucker, Jr. “STX has
products that differ significantly in design and performance from
Brine's products and we feel strongly that no infringement occurred in
the matter brought by Brine some years ago,” said STX General Counsel
and Vice President, David A. Emala. “If necessary when the trial
portion of the case is concluded, and assuming Brine still has any
rights at all to assert under its patents, we will appeal that portion
of the jury's verdict not in our favor to the appropriate court. We
are quite confident that if we have to appeal the decision, we will
prevail. We look forward to that outcome and to putting an end to
lawsuits such as this one which, in the modest sized lacrosse market,
are largely harassing in nature.”
