Court of Appeals for the Federal Circuit Grants Summary Affirmance in Nextec v. Brookwood
04 Dezembro 2013 - 6:18PM
Business Wire
Brookwood Companies, Inc., a leading integrated textile company
and wholly owned subsidiary of the Hallwood Group Incorporated
(NYSE Amex: HWG), announced today that on Monday, November 18th,
the United States Court of Appeals for the Federal Circuit
summarily affirmed the Southern District of New York’s ruling that
Brookwood did not infringe certain patents belonging to Nextec
Applications, Inc.
Nextec filed suit against Brookwood in the Southern District of
New York (Case No. 07-cv-6901) over six years ago, claiming that
Brookwood infringed several patents related to internally-coated
webs. Nextec was seeking a permanent injunction and millions of
dollars in damages for the alleged willful infringement stemming
from the use and manufacture of Brookwood’s Agility and Eclipse
Storm-Tec X-Treme fabrics, which constitute two levels of the U.S.
Military’s Generation III Extended Cold Weather Clothing
System.
The protracted and highly contentious litigation resulted in a
2010 summary judgment order that Brookwood did not infringe certain
Nextec patent claims and culminated in a five-week bench trial in
2012 addressing infringement of the remaining patent claims. At the
close of trial, the Southern District ruled that “the issue of
infringement is solved rather directly and rather simply,” namely,
that while the patents were valid, Brookwood did not infringe them.
The District Court’s ruling was appealed. On November 6th, a
three-Judge panel of the United States Court of Appeals for the
Federal Circuit heard oral argument; twelve days later, the
three-Judge panel summarily affirmed the Southern District’s
decision.
Amber M. Brookman, President and CEO of Brookwood commented,
“This is a great day for Brookwood. While litigation can be a long,
costly, and arduous process, we at Brookwood do not take threats of
patent infringement lightly, and today we feel vindicated.”
MORE ABOUT BROOKWOOD
Brookwood services a diverse global marketplace with a wide
variety of technically oriented products. Our capabilities support
all market segments, including Military, Consumer, Industrial and
Medical. Brookwood's marketing and product development is geared to
provide solutions for customers both domestically as well as
internationally. The technical capabilities of our manufacturing
facilities to dye, print, coat, and laminate are widely recognized.
We are known for extensive, in-house expertise in high-tech fabric
development. The Brookwood Laminating facility produces ASSAULT®
and other waterproof/breathables, as well as barrier fabrics, heat
sealable and weldable fabrics, vinyls and sail cloth. Kenyon
Industries produces state-of-the-art fabrics utilizing the latest
technologies and processes in dyeing, printing, finishing and
coating. Our lab is qualified to test to ASTM, AATCC, ISO, NFPA and
Federal Test Standard Methods. As a qualified military supplier,
Brookwood is recognized as a leader in the market development of
specification fabrics.
Forward-looking Information
Certain statements in this release, other than statements of
historical fact, may include forward-looking information that
involves various risks and uncertainties that face the Company;
such statements may contain such words as “may”, “would”, “could”,
“will”, “intend”, “plan”, “anticipate”, “believe”, “estimate”,
“expect” and similar expressions, and are based on management’s
current assumptions and expectations. Risks and uncertainties that
the Company faces include, but are not limited to: our dependence
on a limited number of third-party suppliers for raw materials, our
reliance on certain key customers, the impact of potential changes
in military procurement practices or regulations and global capital
and credit market conditions, and our ability to protect our
intellectual property rights and the outcome of the current patent
litigation. Such forward-looking statements involve known and
unknown risks, uncertainties and other factors that could cause the
actual results of the Company to be materially different from the
historical results and/or from any future results or outcomes
expressed or implied by such forward-looking statements. There can
be no assurance that any statements of forward-looking information
contained in this release will prove to be accurate. Actual results
and future events could differ materially from those anticipated in
such statements. Additional information regarding these and other
factors can be found in the filings that The Hallwood Group
Incorporated, our parent company, makes with the Securities and
Exchange Commission. The Company assumes no obligation to update
forward-looking statements should circumstances or management's
estimates or opinions change.
Brookwood Companies, Inc.Mary Ann C. Ball,
212-551-0100MaryAnn@brookwoodcos.com
Hallwood (AMEX:HWG)
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