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Koch-Glitsch Wins Arbitration against ACS Industries
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Panel Finds MaxFlow Tray Offered by ACS Infringed Koch-Glitsch’s U.S. Patent No. 5,453,222
Koch-Glitsch filed a Patent Infringement Case on July 11, 2002, in the U.S. District Court, Southern District of Texas, against ACS Industries, Inc., Kenning Engineering LLC, and Leon Fan, Civil Action No. H-02-2616. Koch-Glitsch alleged the MaxFlow Tray offered by ACS infringed three U.S. patents owned by Koch-Glitsch - U.S. Patents Nos. 5,453,222 (the “‘222 Patent”), 5,895,608 (the “’608 Patent”), and 6,003,847 (the “’847 Patent”).
ACS and Koch-Glitsch agreed to arbitrate the patent dispute on June 30, 2003. Leon Fan and Kenning did not join in this agreement.
The arbitration agreement provided that the arbitration award would be final and nonappealable, and that an agreed order, consistent with the arbitration award, would be submitted to and entered by the Court. The arbitration agreement also required ACS to pay royalties to Koch-Glitsch on MaxFlow Tray sales if found to have infringed any of the three patents.
The arbitration hearing was held from December 15 to 17, 2003, in Dallas, Texas, before a panel of three patent attorneys.
The arbitration award was issued on February 2, 2004, finding the MaxFlow Tray offered by ACS infringed the ‘222 Patent, but that it did not infringe the ‘608 Patent or the ‘847 Patent. The Court entered an agreed judgment finding all three patents were valid and that the MaxFlow Tray offered by ACS infringed claims 1 and 12 of the ‘222 Patent. The judgment also permanently prohibits ACS from infringing the ‘222 Patent. Further, ACS was ordered to pay royalties to Koch-Glitsch for all previous MaxFlow Tray sales.
The judgment was filed on March 4, 2004, and an amended judgment was filed on March 16, 2004. The amended judgment simply corrects the patent reference in paragraph 13. Both documents are public records and are available from the Court Clerk’s office in Houston, Texas.
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