Jury Has Found That SpaCapsule Does Not Literally Infringe on Any of the AMI’s Patents

Share Article

In addition, the Jury has found that Allen Licht and Ella Frenkel are not liable for any damages and have not violated any agreements.

After a lengthy trial in Ft. Lauderdale, Florida, AMI (manufacturer of AquaMassage) has lost on practically all counts against SEC, Inc. (manufacturer of SpaCapsule), (U.S. Federal Court, Southern District of Florida 03-60493).

Jury has handed down a resounding defeat to AMI. The Jury has found that SpaCapsule does not literally infringe on any of the AMI’s patents. In addition, the Jury has found that Allen Licht and Ella Frenkel are not liable for any damages and have not violated any agreements.

As an alternative to their loss, AMI has asked the Judge to confirm that SEC will not infringe on AMI’s patents. SEC has not opposed such motion and, as a matter of course, the Judge has approved it. Please note: SEC has never infringed on AMI’s patents. The Jury has not found any literal infringement. SEC will never attempt to copy anyone’s technology, especially the technology as old and as obsolete as AquaMassage. It should be further noted taht SEC is is not way prevented in manufacturing SpaCapsule.

It should be further understood that SEC is in business and continues to manufacture SpaCapsule. The decisions made by the Jury and the Judge have confirmed that SEC has never infringed any of AMI’s patents. SEC has not stopped manufacture and has increased capacity to accommodate growing requests for new orders.

Further, AMI, through its distributors has insinuated that it may enforce the American judgment in other countries. Again, it is absolutely false. AMI cannot enforce anything because: 1) they have lost the trial in August of 2004; and 2) American trials have no effect internationally. Each country has an independent Judiciary system and its own set of Patent Law that has to be reviewed independently.

Due to AMI’s loss at the trial in August of 2004, SEC is preparing to ask the Court to order AMI to reimburse SEC for the money expended in defending itself against the frivolous lawsuit. SEC expects to have a favorable ruling to recover over $100,000 spent in defending its rights.

Questions maybe directed to SEC, Inc.

Contact Allen Licht at 305-651-9200 ext 103, or SEC’s attorney at the following address:

Ed McHale, Esquire

McHale & Slavin, P.A.

2855 PGA BLVD.

Palm Beach Gardens, FL 33410

561-625-6575

*SpaCapsule is the trademark of SEC, Inc.; AMI and AquaMassage may be a trademark of its owner.

# # #

Share article on social media or email:

View article via:

Pdf Print

Media