| January 6, 2014
On December 13, 2013, the United States District Court for the District Utah ruled from the bench that all patent claims asserted against Flambeau by eTAGZ, Inc. (Springville, UT) are invalid. eTAGZ accused a number of Flambeau's Duncan® Toy Company's products and Flambeau Outdoors™ products, including instructional CD-ROMs or DVDs of infringing 81 claims in three related patents.
"Flambeau is very pleased with the result, as we are not willing to pay licensing fees to non-deserving entities," said Flambeau President Jason Sauey, referring to the practice of some patent holders suing on questionable patents and infringement theories, often with the objective of a quick settlement. "While the attorneys' fees needed to fight such suits may be greater than what a charging plaintiff will settle for, Flambeau and the rest of Nordic Group of Companies, Ltd. believe in standing on principle and will not pay demands to license patents that are invalid and/or not infringed. We would rather go the distance in litigation than pay undeserved windfalls to such parties. In short, we are unwilling to reward the extortionist demands of patent trolls."
Flambeau was represented in the lawsuit by the law firm Quarles & Brady LLP of Madison, Wisconsin and the team of Josephine Benkers, Michael J. Curley, Martha Jahn Snyder, Stacey A. Alexejun, and Anthony A. Tomaselli of Quarles & Brady, with the assistance of David Bennion of Parsons, Behle & Latimer (Salt Lake City, UT) as local counsel.
"It is very satisfying to achieve this victory for our client," said attorney Josephine Benkers of Quarles & Brady. "We believed that the patents at issue did not embody anything that had not been done before and, therefore, that Flambeau was not liable for patent infringement. The Court agreed and invalidated the asserted claims."
As part of its patent enforcement program, eTAGZ sued more than 40 other entities in a long string of lawsuits over these same patents, and it sent a large number of pre-litigation demands for licensing fees to others. As of the time of the ruling, several lawsuits were still pending against other parties on the patents at issue in the case.
About Flambeau, Inc.
Flambeau, established in 1947 and owned by Nordic Group of Companies, provides a network of operational facilities for cooperation in serving customers, international sales capabilities, and extensive tooling, managerial, injection and blow molding experience. Since 1947, Flambeau has provided turnkey, total resource contract manufacturing partnerships with their worldwide OEM customers fulfilling applications for custom thermoplastic parts and assemblies, with specialization in injection molding, blow molding, and insert molding processes; decorating, tooling and specialty equipment as well as plastic transportation/storage boxes and cases. For further information, please visit www.flambeau.com.
About Quarles & Brady LLP
Quarles & Brady LLP is a full-service law firm with more than 460 attorneys practicing from offices in Phoenix and Tucson, Arizona; Naples and Tampa, Florida; Chicago, Illinois; Madison and Milwaukee, Wisconsin; and Washington, D.C. The firm provides a full array of legal services to corporate and individual clients, which range from small entrepreneurial businesses to Fortune 100 companies. Additional information about the firm may be found at www.quarles.com, and on Twitter, LinkedIn, and Facebook.
* eTAGZ is a trademark of eTAGZ, Inc. (Springville, UT)
a member of the Nordic Group of Companies.
801 Lynn Avenue
Baraboo, WI 53913 USA
Contact for Further Information:
Sonja Stauffacher, Corporate Marketing Director, Nordic Group of Companies, Ltd.
608-356-0136 • firstname.lastname@example.org