Flexiteek Americas won its patent infringement lawsuit against Ohio-based Plasteak and Plasdeck. The case, filed in June 2008 in U.S. District Court, Southern District of Florida, was decided June 19 by a jury trial.
Bill Gribble, president of Plasteak and Plasdeck, told Soundings Trade Only he will appeal the decision
"We just got railroaded down there so bad. We've got a long way to go on this thing," Gribble said Thursday morning. "Obviously it's going to be appealed and 50 percent of these things that get appealed are overturned."
Flexiteek, in its suit, said Plasteak and Plasdeck's current line of synthetic teak decking products infringe upon Flexiteek's U.S. patent No. 6,895,881.
An injunction is being issued prohibiting Plasteak and Plasdeck from making, marketing and selling the infringing product, Flexiteek said in a statement. The injunction will also apply to all the Plasdeck distributors and installers, the company said.
According to court documents, the jury awarded Flexiteek $79,632 in damages from Plasdeck. It was not awarded any damages from Plasteak, which stopped selling the product prior to the lawsuit, Gribble said.
Gribble noted that Flexiteek had asked for significantly more in damages in its suit.
The jury also founded that co-defendant Andre Batista did not install Plasteak or Plasdeck products, which "literally infringed the claim contained in the patent."
A person answering the phone at Flexiteek Americas' Florida headquarters said no one was available to discuss the case.