Fulwider Patton Wins Automotive Transmission Fluid Exchanger Patent Infringement Case; Defendant/Counterclaimant Norco Prevails Against Motorvac Tech.LOS ANGELES Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. -- The patent law firm of Fulwider Patton Lee & Utecht has successfully enforced a patent that helped establish a broad market for transmission fluid exchanger devices. A jury in the Central District of California, Southern Division, returned a verdict January 14, 2005, finding that the manufacture and sale of certain transmission fluid exchange machines by Motorvac Technologies, Inc. willfully willfully adv. referring to doing something intentionally, purposefully and stubbornly. Examples: "He drove the car willfully into the crowd on the sidewalk." "She willfully left the dangerous substances on the property." (See: willful) infringed U.S. Patent No. 5,370,160, owned by Norco Industries Inc. The jury also confirmed the validity of Norco's '160 patent, and awarded Norco a 20% royalty on Motorvac's infringing sales of $4.25 million. In addition to successfully enforcing the '160 patent, prior to trial, the Fulwider firm also succeeded in obtaining the dismissal of infringement claims brought by Motorvac against Norco. In 1994, Norco established the broad commercial market for automatic transmission fluid Automatic transmission fluid (ATF) is the fluid used in vehicles with a self shifting or automatic transmission. It is typically colored red to distinguish it from motor oil and other fluids in the vehicle. exchange machines with the introduction of its ATF ATF Molecular virology Activating transcription factor A cellular protein that stimulates transcription of adenovirus E4 transcription unit, which acts early in infection at any of several 'enhancer' binding sites 2000+, commercial embodiment of the '160 patent. These first generation machines manually balanced the flow rate of used fluid exiting the transmission system with new fluid entering it. Second generation machines would later perform this balancing function automatically. At trial, Motorvac's invalidity defenses were either disposed of as a matter of law by the Court or by the unanimous verdict of the jury, thus firmly establishing the validity of the '160 patent. Also, the jury determined that Motorvac's infringement was willful Intentional; not accidental; voluntary; designed. There is no precise definition of the term willful because its meaning largely depends on the context in which it appears. and awarded royalties in the amount of $850,000, setting the stage for Norco to ask the Court to multiply the damages and award Norco its reasonable attorneys fees. According to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. Norco's lead trial counsel, Vern Schooley, the verdict reflected the jury's insight and understanding of the issues: "Norco's victory was particularly satisfying given that, when the lawsuit started, Motorvac was alerted to the defenses on which Norco eventually prevailed and was given the opportunity to dispose of To determine the fate of; to exercise the power of control over; to fix the condition, application, employment, etc. of; to direct or assign for a use. See also: Dispose the case for a nominal payment." Copy of judgment available to media. |
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