Temp-Air Prevails in Infringement Suit with Thermapure
Under a settlement between Temp-Air and Thermapure, on November 23, 2011 the federal district court in Minnesota entered a consent judgment agreed to by Thermapure that Thermapure's two patents were not infringed by Temp-Air.
Online, November 30, 2011 (Newswire.com) - After over a year of litigation, Temp-Air has won judgment in its favor in Thermapure's infringement suit over U.S. Patent Nos. 6,327,812 (the "'812 patent") and 7,690,148 (the "'148 patent"). Thermapure had accused Temp-Air of infringing both the '812 and '148 patents, through at least the sale and offer for sale of Temp-Air's Thermal Remediation® products and services, including Temp-Air's bed bug heat treatment products and stored product pest heat treatment service.
Under a settlement between Temp-Air and Thermapure, on November 23, 2011 the federal district court in Minnesota entered a consent judgment agreed to by Thermapure that Thermapure's two patents were not infringed by Temp-Air. According to the judgment entered by the federal district court: "Temp-Air has not directly infringed the '812 and '148 patents through making, using, selling or offering to sell any Temp-Air product or service." The district court also entered judgment that "Temp-Air has not induced or contributed to and is not inducing to or contributing to the infringement of the '812 and '148 patents by another through any act of Temp-Air or sale or offer for sale of any Temp-Air product or service." To view a copy of the consent judgment, follow this link http://thermalremediation.com/users/thermal_remediation/files/Consent_Judgment_Thermapure_Temp-Air_11-23-11.pdf.
"This is an important milestone for us, and we are very pleased that, after several years of contrary allegations, Thermapure has now conceded that Temp-Air does not infringe these two patents," said James Korn, CEO of Temp-Air, Inc. "While Temp-Air respects the valid intellectual property rights of others, we have been telling our customers for some time now that Temp-Air does not infringe Thermapure's patents. Eventually, even Thermapure came to understand that Temp-Air did not infringe."
The settlement does not require Temp-Air to pay anything to Thermapure or to take a license from Thermapure. The settlement also required Thermapure to dismiss with prejudice its suit in the United States District Court for the Central District of California against Temp-Air for trademark infringement and unfair competition. That case was dismissed with prejudice on November 23, 2011.
About Temp-Air:
Since 1965, Temp-Air has been a leading provider of temporary, portable heating, cooling, dehumidifying, and air filtration rental services to the U.S. construction industry. Building on that expertise, Thermal Remediation® from Temp-Air was developed over 10 years ago using heat as a safe, effective, and environmentally friendly alternative to chemical pest control applications. Today Thermal Remediation® equipment is used by pest control professionals, property managers, hotels, universities, and food storage and processing plants throughout North America for the treatment of bed bugs and stored product pests.
Temp-Air is a privately held company based in Burnsville, MN with 11 regional offices nationwide. For more information visit www.ThermalRemediation.com.
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Tags: bed bug, Temp-Air, Thermapure