Euro Target White Flyer and the Patent Lawsuit - Patent Expiring?

Deal, Injunction Trigger EndTo Skeet Target Patent Suit

By Matthew Bultman
Law360, New York (November 9, 2016, 8:42 PM EST) -- Reagent Chemical & Research Inc. has secured a permanent injunction preventing an Italian company from infringing its patent on nontoxic targets for skeet shooting, a ban that comes as part of settlement in a case filed in Pennsylvania federal court earlier this year.
U.S. District Judge John E. Jones III in Harrisburg ordered the injunction Monday barring Eurotarget SRL from importing and selling targets that infringe Reagent’s patent. The injunction will remain in effect until the patent expires in May 2017.

The order came as part of a confidential settlement the two companies have reached in an infringement lawsuit that Reagent brought in March. The case was dismissed with prejudice and the case closed in the same order.

Representatives for the parties couldn’t immediately be reached for comment after normal business hours Wednesday.

New Jersey-based Reagent makes launchable targets that are used in trap and skeet shooting. Among the targets it sells are the White Flyer Bio, a nontoxic and biodegradable target.

Conventional targets have for years been formed from pitch, a petroleum byproduct. This, according to Reagent, resulted in toxicity concerns, as the trap and skeet shooting often takes place in fields, where broken targets can remain once the event is over.

In its lawsuit, Reagent claimed that Eurotarget and an American distributor had started selling similar nontoxic targets in the U.S. sometime in 2015. Marketed as environmentally friendly, these were the only targets that Eurotarget was selling at the time in the U.S., according to the suit.

The lawsuit sought an unspecified amount of damages and an injunction to prevent Eurotarget from further infringement.

It is relatively rare that a judge grants a preliminary injunction in a patent case. One key requirement is that the patent owner show that it would suffer irreparable harm without one. The patent owner must also show a reasonable likelihood of success on the infringement claim.

In a filing in March, Reagent argued it met both those standards. With respect to harm, the company said that thanks to the scope of its patent protection, it had been the exclusive supplier of nontoxic targets in the U.S., a distinction that has provided it with “considerable brand recognition and prestige.”

“Although the U.S. is a minute portion of Eurotarget’s business, if its lower prices force Reagent to lower its prices, the impact will be substantial,” it wrote. “Additionally, even if this Court finds that monetary damages will be sufficient compensation, there is an inherent difficulty in enforcing a monetary judgment against a foreign corporation with no known U.S. assets.”

Judge Jones granted the request in what appears to have been a sealed order in early August.

Just a few months later, on Friday, a joint request was filed asking the judge to dismiss the case, as the two sides had agreed to a settlement, and to convert the preliminary injunction into a permanent injunction.

The patent-in-suit is U.S. Patent No.5,947,475.

Reagent is represented by Matthew W. Siegal, Binni N. Shah and J. Colby Van Horn ofStroock & Stroock & Lavan LLP.

Eurotarget is represented by Edward A. Pennington, John P. Moy, Sean T.C. Phelan and Jennifer L. Feldman ofSmith Gambrell & Russell LLP.

The case is Reagent Chemical & Research Inc. v. Eurotarget S.R.L, case number 16-cv-00395, before the U.S. District Court for the Middle District of Pennsylvania.

--Editing by Jill Coffey.


https://www.law360.com/articles/861057/deal-injunction-trigger-end-to-skeet-target-patent-suit

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I report, you decide.

Merlo out

 

____________________________________________

I report. You decide.

Merlo out

 

Well Merlo looks like we may have found why Mr.Chubb was so outspoken. Once again you've scooped the fake news people with some meaty facts. If the pat. is going away in 3 months maybe Jack will just make his own brand target and cut all the middlemen out? Thanks again Merlo. Brad

 

Just looked up the Eurotarget. Their ad indicates the ATA approved the use of the target at some point in 2015 and goes on to say its the only one approved??? Things that make you go HMMMMMMMMMMMMMMMMMMMMMMM. Larry

 

I think ATA approval on anything would be detrimental to the product. They have approved some very iffy things in the past few years. Roger C,