Pergo Claims Faus Action is Without Merit
Trelleborg, Sweden, August 19--Pergo said today that it has been informed that the Faus Group has filed an action for patent infringement in Georgia, USA. The company said it has not yet been served with the complaint. The action alleges that some of Pergo's products infringe on Faus' U.S. patents.
Pergo said it had previously initiated several major legal actions against the Faus Group and it believes Faus has retaliated as part of their legal strategy. Pergo said it finds no legal grounds for Faus' claim that the Pergo product infringes on Faus' patent.
"The action initiated by Faus is clearly without merit and simply a frivolous retaliation. Pergo strongly believes that the identified product does not infringe on the asserted patents. We further believe the patents lack validity, in view of prior art and other factors, including Pergo's own Embossed In Register patents," said Tony Sturrus, CEO of Pergo.
Pergo has previously initiated the following legal actions; During autumn 2004, Pergo (Europe) AB initiated a criminal action against Industrias Auxiliares Faus S.L in Spain in which it alleged that Faus infringed the Pergo trademark when using the trademark to sell laminate flooring with glue free click joints in Spain without Pergo's consent. The action is pending and a decision is expected.
In August 2004, Pergo, Inc. started an action for damages and injunctive relief against Faus Group, Inc. and Industrias Auxiliares Faus S.L in North Carolina, USA. The suit charges Faus Group, Inc. and Industrias Auxiliares Faus S.L with copyright infringement, misappropriation of trade secrets, breach of contract, unfair and deceptive trade practices and unfair competition. The action is moving through the legal system.
In January 2005 Pergo Inc. and Pergo (Europe) AB filed an action for patent infringement against Faus Group, Inc. and Industrias Auxiliares Faus S.L in North Carolina, USA. The complaint alleges that the Faus group FasTrim product infringes the patents of Pergo (Europe) AB. During spring 2005 Pergo Inc. and Pergo (Europe) AB filed an additional action for patent infringement in the USA. The actions are pending. A hearing on a preliminary injunction requested by Pergo against the FasTrim product will take place in the beginning of September 2005.
In March 2005, Pergo (Europe) AB filed an action for patent infringement against Industrias Auxiliares Faus S.L in Spain. The complaint alleges that certain of Industrias Auxiliares Faus S.L's products infringe several of Pergo (Europe) AB's European patents.
"Pergo feels confident that the outcome of the legal proceedings against the Faus Group will be judged in Pergo's favour. Additionally, we strongly believe that the courts will acknowledge Pergo's pioneering patents and products encompassing breakthrough technology in its field," says Tony Sturrus CEO.
The legal action now filed by Faus concerns their U.S. patents 6,401,415 and 6,688,061.
Related Topics:Mohawk Industries