Secret Site Map
Saturday, April 19, 2014

Home News Temp-Air, Thermapure Settle Legal Dispute

Temp-Air, Thermapure Settle Legal Dispute

Supplier News

A U.S. district court ruled that Temp-Air did not infringe on a pair of Thermapure patents.

| December 13, 2011

BURNSVILLE, Minn. and VENTURA, Calif. — After more than one year of litigation, Temp-Air has won judgment in its favor in Thermapure’s infringement suit over U.S. Patent Nos. 6,327,812 (the “’812 patent”) and 7,690,148 (the “’148 patent”). Click here to view a copy of the consent judgment.

Thermapure had accused Temp-Air of infringing both the ‘812 and ‘148 patents, through at least the sale and offer for sale of Temp-Air’s Thermal Remediation products and services, including Temp-Air’s bed bug heat treatment products and stored product pest heat treatment service.

Under a settlement between Temp-Air and Thermapure, on November 23, 2011 the federal district court in Minnesota entered a consent judgment agreed to by Thermapure that Thermapure’s two patents were not infringed by Temp-Air.  According to the judgment entered by the federal district court: “Temp-Air has not directly infringed the ‘812 and ‘148 patents through making, using, selling or offering to sell any Temp-Air product or service.”  The district court also entered judgment that “Temp-Air has not induced or contributed to and is not inducing to or contributing to the infringement of the ‘812 and ‘148 patents by another through any act of Temp-Air or sale or offer for sale of any Temp-Air product or service.” 

“This is an important milestone for us, and we are very pleased that, after several years of contrary allegations, Thermapure has now conceded that Temp-Air does not infringe these two patents,” said James Korn, CEO of Temp-Air.  “While Temp-Air respects the valid intellectual property rights of others, we have been telling our customers for some time now that Temp-Air does not infringe Thermapure’s patents.” 

Thermapure President and CEO David Hedman, responding via e-mail, said, “ThermaPure® previously understood that Temp-Air was using and recommending filtration with heat.  However, discovery revealed that Temp-Air was not in fact using or recommending filtration with heat.  Accordingly, based on Temp-Air’s representation to that effect and to end the litigation, Thermapure voluntarily agreed to a judgment of non-infringement before claim construction, summary judgment, or trial.”

The settlement does not require Temp-Air to pay anything to Thermapure or to take a license from Thermapure. The settlement also required Thermapure to dismiss with prejudice its suit in the United States District Court for the Central District of California against Temp-Air for trademark infringement and unfair competition. That case was dismissed with prejudice on Nov. 23, 2011.
 

Top news

More Mazdas Recalled Due to Spider Problem

The latest recall involves 42,000 Mazda6 midsize sedans from the 2010-12 model years, and equipped with the 2.5-liter, four-cylinder engine.

Win a Copy of the New PCT Commercial Pest Management Book

Enter your name for a chance to win a copy of this new industry resource focused on treating a variety of commercial accounts.

Photos: Bed Bugs vs. Bat Bugs

Additional photos from Dr. Michael Potter for the August PCT feature 'Holy Cow...Bat Bugs and Bird Bugs.'

Allgood Announces Corporate Promotions; Acquisition of Rich Exterminators

The company’s promotions are part of its strategic growth plans. Rich Exterminators is a Lawrenceville, Ga.-based company founded by Howard Rich in 1989.

A Look at Bed Bug Look-Alikes

The IPM Institute of North America has a review of five commonly encountered pests, including bat bugs (pictured), that can be misidentified as bed bugs.