Rocky Mounts, Inno settle with Yakima

    Rocky Mounts and Car Mate, USA Inc., owner of Inno racks, settled complaints filed against them by Yakima Products Inc. for alleged patent infringement.
    Beaverton, Ore.-based Yakima filed a complaint Nov. 13, 2008 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.
    The complaint alleges that Rocky Mounts violated patents in its disc adapter, while Saris, Inno and Hollywood allegedly violated hitch, roof and trunk rack patents.
    Bobby Noyes, owner of Rocky Mounts, said he signed a non-disclosure agreement as part of the settlement, so he couldn’t say much.
    “The case has actually been dismissed,” Noyes said. “The charges were dismissed last week.”
    He said the settlement won’t affect business and it was fair to both sides. Alex Connelly, the vice president of Car Mate’s Inno division, said the same was true for his company.
    “We had many conversations and we both decided that there’s gotta be easier ways of settling agreements and we resolved our issues,” he said. “I think it was good for both parties.”
    According to the complaint filed with Oregon district court, “(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).”
    While Inno and Rocky Mounts are ready to put this behind them, Saris and Hollywood are still in talks with Yakima, and Nick Thede, a Yakima attorney said he doesn’t have a timeline or a foreseen outcome at this point.
    While the terms of the settlement were not disclosed by the three parties (who settled separately), according to the complaint filed with Oregon district court, remunerations 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.