National Patent Suit Concluded, Infringement Abated
National Flooring Equipment is a family-run business known for its innovative designs related to tools used for flooring installation, care and removal. For more than 24 years, Nikolai & Mersereau has helped National protect its intellectual property.
In 2001, Marty Anderson came to us seeking to protect a novel walk-behind floor stripping machine with a hydraulic drive. We filed a patent application covering the design in June of 2001 and U.S. Patent 6,609,762 was granted in August of 2003 covering Mr. Anderson’s invention.
Almost immediately upon their introduction, products incorporating Mr. Anderson’s invention became a huge commercial success. Despite the success of the products, competitors stayed away based on the strength of the patent, that is, until early last year when a competitor, EDCO, introduced two infringing products under the Trademark SPTS-12 Tile Shark. Recognizing the threat this infringement created and despite the economic downturn affecting the building trades, National asked us to take action to abate the infringement.
On behalf of National, we filed suit on April 24, 2009. That suit was concluded last week. EDCO acknowledged the validity of the patent’s claims as originally granted. As a result of the settlement reached, the competitor will no longer be offering the SPTS-12 Tile Shark products which the parties agreed infringe.
