Case Settled, LPI Victorious August 22, 2001 The patent infringement suit filed by Laughlin Products, Inc. (LPI) against a midwestern tanning salon has been settled. LPI is reportedly elated with the outcome. LPI claimed that the defendant infringed on one of its several patents disclosing the automated coating of the human body using a misting process. These utility patents include claims covering the method, apparatus and solution involved in this misting process. The salon was using the infringing system to tan people with a sunless tanning solution, one of the many applications disclosed in the patents. According to LPI president, Dr. Tom Laughlin, "This victory is a major milestone for us. Our cornerstone patent has survived its first appearance in the federal court system. We interpret this victory as a solid endorsement of the strength and enforceability of our patent position. We hope that the purchasers of our Mist-On units and our licensees are satisfied with our display of commitment to protect their positions as well as ours." The settlement included termination of operation of the infringing unit, transfer of ownership and possession of the infringing unit to LPI, full disclosure to LPI of all technical information about the design and operation of this unit, and assignment to LPI of all the salon's misting-related intellectual property. There is still no information available on the monetary settlement. Execution of the settlement terms is anticipated to be completed by the end of October. LPI has indicated that it will transfer the infringing unit to its Fort Worth development center. According to Dr. Laughlin, "We intend to evaluate this unit at length, hoping to learn tidbits that could lead to improvements to our highly successful SAVY model".  The
rights granted by a US patent to the patent's assignee are detailed
in an official message sent from the Director of the US Patent and
Trademark Office to the patent's assignee upon issuance of the patent.
As detailed in this message, the assignee is granted the rights to
exclude others from making, using, offering for sale, or selling the
invention throughout the USA, or from importing it into the USA. Dr. Tom Laughlin is listed as the inventor of all of the Mist-On Tan patents involved in this litigation. Laughlin Products, Inc. is the assignee of these patents. The only licenses issued by Laughlin Products for the manufacturing and marketing of its patented products are to Mist-On Systems, Inc. and Palm Beach Tan, Inc. Mist-On Systems markets its products under the trade names Mist-On™ Tan and Dr. Laughlin's™ SkinCare Products. Palm Beach Tan markets its products through its subsidiary, Mystic Tan™, Inc., under the trade name Mystic Tan™. Copies of these patents are available under the Patent Gallery of the Mist-On.com web site. More information on patent and license issues relating to this technology can be obtained by emailing DrLaughlin@mist-on.com or calling 800-411-0355. |
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