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01-08-2008
US Court of Appeals affirms the importation ban for infringing glueless flooring |
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On July 31st 2008. The United States Court of Appeals for the Federal Circuit has affirmed the general exclusion order for glueless laminate flooring. Unilin filed a complaint on July 1st 2005 before the United States International Trade Commission (ITC) against 32 importers and overseas manufacturers of glueless laminate flooring. Unilin claimed infringement on 3 of its glueless patents US 6,490,836, US 6,874,292 and US 6,928,779. On January 7th 2007 the ITC determined that Unilin's claims were justified and that the appropriate measure for protecting Unilin's position was the institution of a general exclusion order. The general exclusion order makes the importation of infringing glueless flooring panels illegal and the US customs are in charge of the enforcement of such general exclusion order. The ITC decision was subsequently appealed by Yingbing Nature, Power Dekor and Lodgi Wood Industry. Now the Court of Appeals has fully rejected the appeal. Power Dekor and Lodgi have in the meanwhile entered into settlement and license agreements with Unilin.
Paul De Cock, president Unilin North America: "We noticed a tremendous drop in the importation of infringing products following the institution of the general exclusion order early last year. Manufacturers, importers, distributors and retailers realized that the risks for importing and selling infringing goods had become huge and switched to product licensed by Unilin. This decision of the court of appeals will allow us to act forcefully against the remaining unlicensed products on the market. We believe that it will now become practically impossible to import glueless flooring ligitimately into the US without a Unilin license."
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