PATENT LAWSUIT VERDICT RETURNED IN FAVOR OF SCRIPTO-TOKAI CORP.
FONTANA, Calif., Oct. 27 /PRNewswire/ -- A jury in Federal District Court in Los Angeles returned a verdict yesterday in favor of Scripto- Tokai Corp. of Fontana and against The Gillette Co.(NYSE: G), in a patent lawsuit involving erasable inks for use in ball point pens, according to Scripto-Tokai Corp. Gillette had demanded several million dollars in damages for what it claimed was Scripto's infringement of two patents owned by Gillette. The jury found two patents to be invalid, U.S. Patent No. 4,390,646 issued to Edward J. Ferguson and U.S. Patent No. 4,391,927 issued to Robert F. Farmer III. In reaching its decision, the jury concluded that the inventions claimed in the two Gillette patents were obvious in light of earlier work by Scripto and others; that both patents failed to inform others how to make the inks described in the patents; and that the invention claimed in the patent to Ferguson was abandoned by Gillette before the patent application was filed. Yesterday's verdict resolves all of Gillette's claims against Scripto and permits Scripto to continue its research efforts to improve upon existing erasable ink technology. "From the beginning, Scripto has felt that these patents should have never been granted," said Michael Forys, senior vice president of Scripto. "For a small company, the litigation has been a long and difficult process to undergo. We now feel fully vindicated." Scripto's claims against Gillette have yet to be determined. In particular, the Honorable Lourdes G. Baird is expected to rule by the end of the year on whether decisions by Gillette personnel to withhold information from the U.S. Patent Office were proper. Scripto also has antitrust and unfair competition claims against Gillette that are set to be tried before a second jury starting on June 7, 1994. Scripto was represented by Pillsbury, Madison & Sutro, an international law firm with offices in Washington, D.C., Tokyo, Los Angeles, San Francisco and other California cities. Gillette was represented by Fish & Neave, a New York City patent law firm, and by Sheppard, Mullin, Richter & Hampton, a Los Angeles litigation firm. -0- 10/27/93 /CONTACT: Fred O. Ashley, operating director/corporate credit & administration of Scripto-Tokai, 909-360-2100, ext. 471; or Robert P. Taylor, partner, of Pillsbury Madison & Sutro, 415-983-1073/ (G)
CO: Scripto Tokai Corp.; Gillette Co. ST: California IN: SU:
LW-TM -- SF018 -- 7470 10/27/93 16:00 EDT
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|Date:||Oct 27, 1993|
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