Appliance Recycling Centers of America Receives Legally Binding Document From JACO Environmental, Inc. That JACO Will Not Enforc
19 Setembro 2005 - 9:22PM
PR Newswire (US)
ARCA Intends to Continue Legal Efforts to Bar JACO From Using
Patent to Market Its Recycling Services MINNEAPOLIS, Sept. 19
/PRNewswire-FirstCall/ -- Appliance Recycling Centers of America,
Inc. (OTC:ARCI) (BULLETIN BOARD: ARCI) , the nation's largest
recycler of major household appliances for the energy conservation
programs of electric utilities, today announced it has received a
legally binding document in which JACO Environmental, Inc. states
it will not sue ARCA or any of ARCA's customers for violating
JACO's recycling patent (U.S. Patent No. 6,732,416) that ARCA
alleges was fraudulently obtained. In December 2004, as previously
reported, ARCA filed suit in U.S. District Court for the Central
District of California alleging that JACO's patent covers appliance
recycling methods and systems ARCA originally developed beginning
in 1987 and has used in serving more than 40 electric utility
appliance recycling programs since that time. A formal court
document incorporating the terms of the JACO commitment is being
negotiated, and is expected to be finalized within the next month.
ARCA intends to continue seeking a permanent injunction barring
JACO from using the patent to market JACO's recycling services, due
to ARCA's belief that the patent is invalid and unenforceable since
it is based on methods and processes ARCA invented. ARCA is also
asking the court for unspecified damages related to charges that
JACO, in using the patent to promote its services, has engaged in
unfair competition and false and misleading advertising under
Federal and California statutes. Edward R. (Jack) Cameron, ARCA's
president and chief executive officer, commented: "JACO's legally
binding decision not to enforce its recycling patent against ARCA
removes any potential threat to our business. It is also a direct,
positive outcome of the aggressive litigation stance that ARCA has
taken with JACO." Cameron continued: "ARCA has been engaged in
recycling appliances and disposing of hazardous components for
nearly 20 years, and has developed and implemented many recycling
methods and processes. Over the years we have made many
presentations to industry symposia, published numerous articles in
trade publications and provided information to the general news
media about our recycling processes. Reflecting our belief that the
JACO patent is based on methods and processes that ARCA developed,
we will continue legal efforts to bar JACO from using its patent in
the course of its business and to seek damages related to JACO's
use of that fraudulently obtained patent to market its recycling
services." About ARCA ARCA is the nation's largest recycler of
major household appliances for the energy conservation programs of
electric utilities. Through its ApplianceSmart (
http://www.appliancesmart.com/ ) operation, ARCA is also one of the
nation's leading retailers of special-buy household appliances,
primarily those manufactured by Maytag, GE, Frigidaire and
Whirlpool. These special-buy appliances, which include close-outs,
factory overruns and scratch-and-dent units, typically are not
integrated into the manufacturer's normal distribution channel.
ApplianceSmart sells these virtually new appliances at a discount
to full retail, offers a 100% money-back guarantee and provides
warranties on parts and labor. As of September 2005, ApplianceSmart
was operating 12 factory outlets: five in the Minneapolis/St. Paul
market; three in the Columbus, Ohio, market; two in the Atlanta
market; one in San Antonio, Texas and one in Los Angeles.
Statements about ARCA's outlook are forward-looking and involve
risks and uncertainties, including but not limited to: the strength
of recycling programs, the growth of appliance retail sales, the
speed at which individual retail stores reach profitability, and
other factors discussed in the Company's filings with the
Securities and Exchange Commission. Visit our web site at
http://www.arcainc.com/ . DATASOURCE: Appliance Recycling Centers
of America, Inc. CONTACT: Edward R. (Jack) Cameron, CEO of
Appliance Recycling Centers of America, Inc., +1-952-930-9000; or
Richard G. Cinquina of Equity Market Partners, +1-904-261-2210 Web
site: http://www.appliancesmart.com/ http://www.arcainc.com/
Copyright