(PRWEB) November 11, 2004
Even though SEC argued that, in the Spa Capsule, the closely contacting sheet was not waterproof and that it was not necessary to be waterproof, nevertheless, the jury found that the Spa Capsule infringes this claim under the doctrine of equivalents.
Contrary to a letter circulated by SEC, the jury did not make any specific finding regarding whether the liner was intrinsically waterproof. Thus, the finding of infringement did not rely on whether the liner was waterproof.
See copy of the only relevant jury verdict below:
"The jury found that by preponderance of the
evidence that the Spa Capsule infringes claim
1 of the Â016 patent under the doctrine of
On October 12, 2004, the Court issued the following ORDER FOR PERMANENT INJUNCTION:
1. That Defendants, Ella Frenkel Licht, Allen Licht and Simulated Environment Concepts, Inc., including their directors, officers, agents, servants, employees and attorneys, and those persons in active concert or participation with them who receive actual notice of this order by personal service or otherwise, are hereby enjoined from selling or using any Spa Capsule water jet massage device or any other device that performs a method of massaging a body with pulsating jets of water, comprising: (a) covering substantially the entire body with closely contacting flexible sheet of water-proof material, and (b) directing pulsating jets of water against the sheet of water-proof material, whereby the pulsating jets of water are impacted against the body through the intervening sheet of water-proof material; and
2. That the Court retains jurisdiction to enforce this judgment.
DONE AND ORDERED this 12th day of October, 2004.
JAMES I. COHN
UNITED STATES DISTRICT JUDGE"
The recently published denial, false statements and accusations by SEC on the Spa Capsule website and to other parties are contrary to the facts of the verdict and the injunction.
AMI will seek enforcement of the Court ordered injunction against SEC and/or other infringers through proper legal procedure in the U.S., and will defend its patents in other countries against SEC and other infringers. Furthermore, AMI may seek additional legal action against SEC for false statements against AMI and its President, David Cote.
AMI has been manufacturing the Aqua Massage Systems since 1990 and currently has installations in 56 countries and is still growing. Contact:
David M. Cote, President
E-mail: e-mail protected from spam bots
Edwards & Angell, LLP
350 Las Olas Blvd Suite 1150
Fort Lauderdale, FL 33301
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