ON MARCH 16, 2006, THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE ENTERED FINAL JUDGMENT IN FAVOR OF PERMA-CHINK SYSTEMS, INC. AND AGAINST NISUS CORPORATION IN PATENT LITIGATION THAT HAS BEEN PENDING SINCE 2003. NISUS HAD ALLEGED THAT PERMA-CHINK SYSTEMS SHELL-GUARD CONCENTRATE, SHELL-GUARD RTU, AND GUARDIAN PRODUCTS INFRINGED UNITED STATES PATENT NO. 6,426,095 B2 BELONGING TO NISUS.
THE DISTRICT COURT RULED, HOWEVER, THAT “ALL CLAIMS IN NISUS’S ‘095 PATENT ARE UNENFORCEABLE” AS A RESULT OF INEQUITABLE CONDUCT BY NISUS. THE COURT ENTERED FINDINGS THAT NISUS’ INEQUITABLE CONDUCTS WAS: “DEMONSTRATED BY A PATTERN OF INTENTIONAL FAILURES TO DISCLOSE HIGHLY MATERIAL INFORMATION TO THE PTO [THE U.S. PATENT & TRADEMARK OFFICE] OVER A LONG PERIOD OF TIME, CLEAR AND CONVINCING EVIDENCE ESTABLISHES THAT NISUS POSSESSED AN INTENT TO DECEIVE THE PTO THAT RESULTED IN A BREACH OF ITS DUTY OF CANDOR, GOOD FAITH, AND HONESTY TO THE PTO.”
THIS IS PERMA-CHINK SYSTEMS SECOND CONCLUSIVE VICTORY IN THE SERIES OF PATENT INFRINGEMENT LAWSUITS BROUGHT AGAINST IT BY NISUS. IN THE FIRST LAWSUIT, THE DISTRICT COURT ENTERED SUMMARY JUDGMENT AGAINST NISUS IN SEPTEMBER 2003 THAT SHELL-GUARD CONCENTRATE AND GUARDIAN DID NOT INFRINGE ANOTHER OF NISUS’ PATENTS.
RICH DUNSTAN, THE PRESIDENT OF PERMA-CHINK SYSTEMS, EXPRESSED APPRECIATION AT BEING VINDICATED A SECOND TIME BY THE COURT. MR. DUNSTAN EXPECTS THAT THE COURT’S DECISION SHOULD LEAD TO AN IMMEDIATE CESSATION OF NISUS’ CONTINUED THREATS OF LITIGATION AGAINST VARIOUS PEST CONTROL OFFICERS AND PESTICIDE DISTRIBUTORS THROUGHOUT THE UNITED STATES. MR. DUNSTAN STATED, “I AM PLEASED THAT THE FEDERAL DISTRICT COURT CONSIDERED THE EVIDENCE AND ARGUMENTS THAT PERMA-CHINK SYSTEMS PRESENTED AT TRIAL AND CONCLUDED THAT NISUS’S ‘095 PATENT IS UNENFORCEABLE.”
For a complete copy of the Court's Finding, click here
MORE INFORMATION REGARDING THE LITIGATION MAY BE OBTAINED BY CONTACTING PERMA-CHINK SYSTEMS OR ITS ATTORNEYS AT THE FOLLOWING ADDRESS:
|
D. WILLIAM TOONE DORSEY & WHITNEY LLP 1420 FIFTH AVE., SUITE 3400 SEATTLE, WA 98101 toone.William@dorsey.com 206.903.5480 |
VINCE PALMERE |
EZ BOR - New Borate from NovaGuard Technologies
EZ Bor from NovaGuard Technologies is a new borate / glycol formulation labeled for prevention and control of termites, including subterranean termites, wood boring beetles, carpenter ants and wood decay fungi.
As opposed to previous borate wood treatments, EZ Bor requires no measuring and mixing prior to use. Just pour it out of the container into your sprayer and you are ready to go. Since EZ Bor is not thick and viscous, it will not stop up spray equipment and will not fall out of solution over time. Ideal for spot treatments, EZ Bor may be used for remedial applications or as a preventative treatment during construction.
Call 1-888-822-5039 for more information.
Armor-Guard borate powder in new containers!
We changed packaging of Armor-Guard borate powder from 25-pound round buckets to a new 17-pound rectangular shaped pail with an integrated hinged "flip-top" lid. The new pail takes up less room on a truck and is less likely to tip while transporting. The lighter weight makes it easier to lift and carry to a job site and contains enough material to accomplish most jobs. Armor-Guard is pure disodium octaborate tetrahydrate powder labeled for the remedial and preventive control of subterranean and drywood termites, wood-boring beetles, carpenter ants and decay fungi. It may be used as either a 10 percent or 15 percent aqueous solution.
Armor-Guard may also be used as crack and crevice treatment for general insect control. The new pail's "flip-top" lid makes it easy to open and close while providing a weather-tight seal that keeps the borate powder dry and free-flowing. Armor-Guard is also available in 1-pound plastic bags.
