Jury Finds Simulated Environment Concepts’ Spa Capsule Infringes Aqua Massage International Patent

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A U.S. District Court has issued an order for a permanent injunction in the case of Aqua Massage International (AMI) vs. Simulated Environment Concepts (SEC) (Ref. Case No. 03-60493-CIV-COHN).

After a lengthy trial in the United States District Court, Southern District of Florida, in the case of Aqua Massage International vs. Simulated Environment Concepts, the jury found that Claim 1 of United States Patent No. 4,908,016 was infringed and awarded $50,000 damages to AMI.

On October 12, 2004 the Court issued a permanent injunction against SEC and those persons notified from selling or using any Spa Capsule water jet device in the USA that infringes AMI’s patents in any way.

However, AMI accused SEC of ignoring the injunction and publicly claiming that it had modified the SEC device with a non-waterproof material liner and no longer infringed. In response, AMI claimed that SEC simply substituted a functionally equivalent material and continued to market and sell Spa Capsule, in violation of the Court Injunction.

A Court hearing was held in January 2005 and on March 10, 2005, the Court concluded that the modified device cannot be sold pursuant to the October 12, 2004 permanent injunction. The Court ordered and adjudged that “the Defendant’s modified device is included within the Permanent Injunction previously entered by this Court, and Defendants will govern themselves accordingly.”

AMI will also coordinate with its distributors in other countries, where it has patent protection, to seek enforcement against all infringers, in accordance with the particular laws and legal procedures of each country.

AMI has been manufacturing the patented Aqua Massage Systems since 1990 and currently has installations in more than 60 countries with proven success and an excellent reputation for quality, performance, reliability, customer service and Integrity.

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