Teragren Seeks Patent Ruling Reconsideration

Bainbridge Island, WA, Jan. 29, 2009—Bamboo flooring manufacturer Teragren said it is seeking reconsideration of a ruling within its patent infringement lawsuit against Smith & Fong Company of South San Francisco, Calif.
 
A claim construction ruling was made by the U.S. District Court for the Western District of Washington on Jan. 6 to define terms for the upcoming strand bamboo patent infringement trial slated for Sept. 3.

“While Teragren is happy with many other aspects of the court's ruling, which adopted Teragren's position, we believe the court misinterpreted certain parts of the patent claims,” said Teragren President and CEO David Knight.
“As a result, Teragren is seeking reconsideration of two aspects of the claim construction ruling.”

The court has not yet determined if strand bamboo products manufactured, marketed or sold by Smith & Fong are covered by Teragren’s patent rights—or whether the defendants are infringing the patent.
 
“The interpretation of the patent is an important part of any final decision, and we want to make sure the court correctly interprets the patent claims before the trial,” continued Knight.

In November 2007, Teragren filed a lawsuit against Smith & Fong for strand bamboo patent infringement seeking a permanent injunction and unspecified monetary damages after a year of unresolved negotiations.