Yakima wants to settle outside of court

    Yakima Products Inc. is hoping to settle potential lawsuits against four of its competitors without lengthy litigation, but said it will do as much as possible to protect its patents.
    “We’re hoping to take any steps necessary,” said Nick Thede, one of Yakima’s attorneys. “The size of the (allegedly infringing) company doesn’t matter to Yakima. It’s protecting the rights that they’ve worked hard to achieve.”
    Beaverton, Ore.-based Yakima filed a complaint against Boulder, Colo.-based Rocky Mounts Inc., Los Angeles-based Hollywood Racks, Madison, Wis.-based Saris Cycling Group and Torrance, Calif.-based Car Mate, USA Inc., owner of Inno racks, for allegedly violating Yakima patents.
    None of the companies have been served with a warn notice, and Yakima doesn’t plan to until Monday, Dec. 15, if at all, Thede said.
    “We’re hoping to resolve this before serving,” Thede said. “It’s a common technique to not serve until there’s been an opportunity to discuss the matter with the other side.”
    That doesn’t surprise some of the companies being sued.
    “Generally speaking, these types of deals are almost always settled out of court,” said Neil Nusbaum, owner of Hollywood Racks. Typically only large companies go to court because of costs associated with litigation, he said.
    Rocky Mounts is one of the defendants because of two alleged violations including its disc adapter. Saris, Inno and Hollywood are each defendants for four alleged violations pertaining to hitch, roof and trunk racks.
    “(The) defendant is making, using, offering for sale, and selling, and inducing others to make, use, offer for sale, and sell, bicycle carriers and assemblies that infringe (on Yakima patents),” according to a complaint filed with Oregon district court.
    Alex Connelly, Inno Racks’ vice president, said one of the products Yakima fighting Inno for is not on the market and has never been.
    Connelly said his company left messaged with Yakima’s attorneys but haven’t heard back from them.
    “For us, the reality of this is, hopefully after the holiday we’ll get a return phone call,” Connelly said. “What I can tell you is we’re waiting to see what Yakima is chasing.”
    Rocky Mounts owner Bobby Noyes knows about the complaint, but didn’t want to comment on how the company will handle it.
    “We’re working on it,” Noyes said.
    Saris did not return phone calls.
    Yakima seeks a handful of remunerations if the case goes to trial and a jury sides with the company.
    Those include: A decree that the defendant infringed on Yakima patents; A court order prohibiting further infringement; A “reasonable royalty” for unauthorized use of the patents; Repayment of Yakima’s attorney fees; Other appropriate relief.