On October 3, 2012, Park Industries, Inc. (“Park Industries”) of St. Cloud, Minnesota, filed a complaint in the Northern District of Georgia against Eurostone Machine, LLC (“Eurostone”) of Atlanta, Georgia, alleging that certain corner saws imported and sold by Eurostone in the United States that are made overseas using Park Industries’ patented manufacturing methods.
|Accused Product: Lovato Technology’s “IDEA 90”|
According to the complaint, Park Industries manufactures and sells stone-fabrication machines, including corner saw machines, throughout the world. Park Industries claims to be the sole owner of U.S. Patent No. 7,771,249 (“the ‘249 patent”) and U.S. Patent No. 8,100,740 (“the ‘740 patent”), directed to corner saw machines used for cutting corner pieces of stone and other materials. Park Industries alleges that Eurostone imports and sells in the United States corner saw machines from abroad, including the IDEA 90, that are made by performing the claimed methods disclosed in the ‘249 and ‘740 patents. 35 U.S.C. § 271(g) allows a patent owner to collect damages and enjoin infringers from importing into the United States products made overseas using a patented process, as long as such products are “not materially changed by subsequent processes” or have not become “a trivial and nonessential component of another product.” Park Industries contends that neither of the two exceptions apply and that Eurostone should be found liable under Section 271(g). Accordingly, Park Industries asks the court to preliminarily and permanently enjoin Eurostone from further importation and sales of the accused products, and to award damages, attorney’s fees, and costs to compensate for the alleged infringement.
The case is Park Industries, Inc. v. Eurostone Machine, LLC, No. 1:12-cv-3434-JOF, United States District Court for the Northern District of Georgia, Atlanta Division, and has been assigned to U.S. District Judge J. Owen Forrester.