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PRELIMINARY INJUNCTION AGAINST ROPAK TAKES EFFECT; PERSTORP XYTEC PURSUES ITS PATENT INFRINGEMENT LAWSUIT

 PRELIMINARY INJUNCTION AGAINST ROPAK TAKES EFFECT;
 PERSTORP XYTEC PURSUES ITS PATENT INFRINGEMENT LAWSUIT
 TACOMA, Wash., March 16 /PRNewswire/ -- A preliminary injunction restraining Ropak Corp. (NASDAQ: ROPK), Fullerton, Calif., from manufacturing, distributing and selling its Mainstream 4000 Series and Delta bins went into effect March 5, as a result of the latest ruling by Federal District Court, Detroit, Chief Judge Julian A. Cook Jr. The injunction was sought by Perstorp Xytec, Inc. as part of the company's patent infringement lawsuit against Ropak.
 Cook originally issued the injunction on Feb. 15, 1991, but granted Ropak's request for a stay pending its appeal, citing the potential for bankruptcy from the impact of the injunction. The appellate court upheld the injunction Jan. 3, 1992.
 A motion by Ropak to stay the injunction a second time pending the conclusion of an appeal to the U.S. Supreme Court was summarily denied March 4 by Cook.
 In a footnote to his ruling, Cook stated, "Four judges on two courts have reviewed the propriety of issuing the preliminary injunction, and there is little, if any, chance that the Supreme Court will grant Ropak's certiorari petition.
 "Moreover, the court has required Xytec (the company's former name) to post a $500,000 bond, and Ropak ignores the further harm that Xytec would suffer if the stay remains in effect during the months that the certiorari petition remains pending," he added.
 Cook ruled on Feb. 28, 1992, that the injunction would take effect immediately after Perstorp Xytec posted a $500,000 security bond with the U.S. District Court of Michigan and notified Ropak's legal counsel of the posting. Both conditions were met on March 5.
 Posting a security bond is required in Federal Court when an injunction is issued, according to Perstorp Xytec CEO Spencer Hoopes.
 "The injunction against Ropak is now totally and completely in effect," Hoopes said. "We continue the battle, and we will not stop until we feel that justice has been served and infringement of our intellectual property rights ceases."
 Hoopes believes that Ropak has customers waiting to receive bins that his firm feels are within the scope of the injunction.
 "The injunction not only prevents Ropak from selling it containers, but it prohibits them from soliciting sales for the containers or distributing them to existing customers," he said.
 If Ropak delivers any of the disputed bins to a customer, Perstorp Xytec may file a contempt of court motion against Ropak as well as pursue legal remedy against the customer. "We do not intend to sue any of Ropak's customers, but we would have the legal authority to do so. We want to make it clear that this is a very serious issue," Hoopes said.
 In his original strongly worded order, Cook agreed with Perstorp Xytec's claim that Ropak infringed upon the firm's patent covering a collapsible plastic shipping bin.
 Perstorp Xytec, Inc. is the new name of the company resulting from the acquisition of Xytec, Inc. by Perstorp A.B., of Sweden, in May 1991. The company, based in Tacoma, is the leading manufacturer of large returnable/collapsible plastic shipping containers for the material handling industry, and pioneered this container design during the 1970s and '80s. Additionally, Perstorp Xytec now markets Perstorp products in the United States and is a leading supplier of medical materials management systems (marketed under the name of Unicell) and custom materials handling products.
 -0- 3/16/92
 /CONTACT: Bob McDonald or Kara Balmer, 206-582-0644, or Jeff Nastali, 312-565-3900, all for Perstorp Xytec/
 (ROPK) CO: Perstorp Xytec, Inc.; Ropak Corp. ST: Washington, California IN: PAP SU:


CK -- NY059 -- 8373 03/16/92 13:57 EST
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Date:Mar 16, 1992
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