Martin Engineering Prevails in Infringement Lawsuit


September 19, 2008 -- Martin Engineering Company, of One Martin Place, Neponset, Illinois, has prevailed in a suit (Civil Action No. 05-cv-00086-RPM-MJW) for patent infringement filed against Martin Engineering by Air Control Science, Inc, a Division of CCC Group, Inc, located at 5660 Greenwood Plaza Boulevard, Suite 445, Greenwood Village, Colorado.

In January 2005, Air Control Science, Inc. sued Martin Engineering in Denver, Colorado alleging infringement of United States Patent Nos. 6,000,533, 6,176,368, and 6,135,171, all relating to dust control systems used in the transfer of bulk material. Martin Engineering denied infringement and asserted defenses of invalidity and unenforceability due to inequitable conduct in procuring the patents. In February 2007, these patents were sold to CCC Group Inc., a Texas corporation, located at 5797 Dietrich Road, San Antonia, Texas, which was then substituted as Plaintiff. A three-week trial was conducted in Denver in March 2008. On September 17, 2008, United States Senior District Court Judge Richard P. Matsch ruled that the '533 and '368 patents were invalid and that Martin Engineering did not infringe the '171 patent. Costs were awarded to Martin Engineering.

This decision is a significant victory for Martin Engineering and its counsel, Barnes & Thornburg, who were adamant in defense of this litigation. Martin Engineering will ask to be compensated for the attorney fees it has expended to defend against the patent infringement litigation. Any inquiries relating to this litigation should be directed to Todd Swinderman at Martin Engineering Company. The Memorandum Opinion and Order for Entry of Judgment is available upon request from Martin Engineering.

Founded in 1944, Martin Engineering is the world leader in making bulk materials handling cleaner, safer, and more productive. Martin Engineering technologies control dust and spillage from belt conveyors and promote the movement of bulk solids from storage and through industrial processes. With corporate offices in Neponset, Illinois, the privately-held company reaches around the world with business units in Brazil, China, France, Germany, Indonesia, Mexico, South Africa, Turkey, and United Kingdom, and licensees in Australia, Canada, Chile, and India. MARTIN® Products and Services are also available from authorized representatives around the world.

FOR MORE:
Todd Swinderman
todds@martin-eng.com
(309) 594-2384 Ext. 257

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