Court Grants ICON Motion Relating to Patent Non-Infringement.Business Editors VANCOUVER, Wash.--(BUSINESS WIRE)--Oct. 7, 2003 The Nautilus nautilus, in zoology nautilus, cephalopod mollusk belonging to the sole surviving genus (Nautilus) of a subclass that flourished 200 million years ago, known as the nautiloids. Group, Inc. (NYSE NYSE See: New York Stock Exchange :NLS NLS - Native Language System ), a leading marketer, developer, and manufacturer of branded health and fitness products, announced today that the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. Federal District Court for the Western District of Washington granted ICON Health and Fitness, Inc.'s Motion for Summary Judgment motion for summary judgment n. a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on recorded (testimony outside court) affidavits (or declarations under penalty of perjury), depositions, admissions of fact, answers of Non-Infringement under the Doctrine of Equivalents The doctrine of equivalents is a legal rule in most of the world's patent systems that allows a court to hold a party liable for patent infringement even though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent . Nautilus will appeal this decision to the Federal Circuit Court of Appeals once the District Court issues a decision on all remaining patent and trademark claims. Subject to the Federal Circuit's decision on the Nautilus appeal, this order removes most patent claims from the December 1, 2003, trial. On September 4, 2003, the Federal Circuit Court of Appeals heard Nautilus' appeal of the District Court's order denying Nautilus' claim for literal patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver. . Nautilus is presently awaiting a decision from the Federal Circuit Court of Appeals on that matter. Nautilus' trademark claims against ICON are awaiting a trial date in 2004. "We are disappointed that ICON's Motion was granted; however, we will continue to aggressively defend our brands and patents both in the District Court and the Federal Circuit Court of Appeals. The value and potential of our Company lies in our industry leading brands. We will continue to build and drive innovation while on a parallel path pursuing damages against them to the full extent of the law," commented Gregg Hammann Gregg Hammann (born )resigned as the president, chief executive officer, and chairman of Nautilus, Inc. in Vancouver effective Monday, August 13th 2007, Washington, United States. Early life Hammann grew up on a farm near Bellevue, Iowa. He received his B.B.A. , President and Chief Executive Officer. About The Nautilus Group The Nautilus Group, Inc. is a leading marketer, developer, and manufacturer of branded health and fitness products sold under such well-known names as Nautilus, Bowflex, Schwinn and StairMaster. The Company currently markets its Bowflex and TreadClimber home fitness equipment and Nautilus Sleep Systems through its direct-marketing channel, using an effective combination of television commercials, infomercials, response mailings, the Internet, and inbound/outbound call centers. The Company sells its Nautilus, Schwinn and StairMaster commercial fitness equipment through its sales force and selected dealers to health clubs, government agencies, hotels, corporate fitness centers, colleges, universities, and assisted living as·sist·ed living n. A living arrangement in which people with special needs, especially older people with disabilities, reside in a facility that provides help with everyday tasks such as bathing, dressing, and taking medication. facilities. The Nautilus Group also markets and sells a complete line of consumer fitness equipment, under its Nautilus, Schwinn, StairMaster and Trimline brands, through a network of specialty dealers, distributors, and retailers worldwide. The Company is headquartered in Vancouver, Washington. The Nautilus Group is located on the Web at www.nautilusgroup.com. From time to time, The Nautilus Group may issue forward-looking statements relating to its products and services, including statements regarding its direct and commercial/retail segment businesses. Factors that could affect The Nautilus Group's actual results include availability of media time and fluctuating advertising rates, a decline in consumer spending due to unfavorable economic conditions, expiration of important patents, its reliance on a limited product line, its ability to effectively develop, market, and sell future products, its ability to effectively identify and negotiate any future strategic acquisitions, its ability to integrate any acquired businesses into its operations, unpredictable events and circumstances relating to international operations including its use of foreign manufacturers, government regulatory action, and general economic conditions. Please refer to our reports and filings with the Securities and Exchange Commission, including our most recent annual report on Form 10-K Form 10-K A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information. Form 10-K See 10-K. and quarterly reports on Form 10-Q Form 10-Q See 10-Q. , for a further discussion of these risks and uncertainties. We also caution you not to place undue reliance on forward-looking statements, which speak only as of the date they are made. We undertake no obligation to update publicly any forward-looking statements to reflect new information, events or circumstances after the date they were made or to reflect the occurrence of unanticipated events. |
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