http://exploreitoutdoors.com Fri, 09 Dec 2011 03:35:58 +0000 en hourly 1 http://wordpress.com/ http://s2.wp.com/i/buttonw-com.png http://exploreitoutdoors.com http://exploreitoutdoors.com/2009/03/26/rocky-mounts-inno-settle-with-yakima/ http://exploreitoutdoors.com/2009/03/26/rocky-mounts-inno-settle-with-yakima/#comments Thu, 26 Mar 2009 15:47:00 +0000 exploreitoutdoors http://exploreitoutdoors.wordpress.com/2009/03/26/rocky-mounts-inno-settle-with-yakima
photo courtesy Yakima Products Inc.

    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.]]> http://exploreitoutdoors.com/2009/03/26/rocky-mounts-inno-settle-with-yakima/feed/ 0 Explore It Outdoors http://exploreitoutdoors.com/2009/03/06/yakima-still-talking-with-competitors/ http://exploreitoutdoors.com/2009/03/06/yakima-still-talking-with-competitors/#comments Fri, 06 Mar 2009 17:21:36 +0000 exploreitoutdoors http://exploreitoutdoors.wordpress.com/2009/03/06/yakima-still-talking-with-competitors
photo courtesy Yakima Products Inc.

    Nearly four months after Yakima Products Inc. filed a complaint against four of its competitors, the company is still talking about settlements.
    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.
    The complaint, filed Nov. 13, 2008, alleges that Rocky Mounts violated patents in its disc adapter, while Saris, Inno and Hollywood allegedly violated hitch, roof and trunk rack patents.
    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).”
    Someone from each company has spoken with Yakima attorneys, but despite Yakima telling Explore It! it wanted to settle outside of court without a lengthy litigation process, talks are ongoing.
    “We’re just ongoing with settlement talks in hopes that those will lead to something fruitful,” said Nick Thede, one of Yakima’s attorneys.
    Thede wouldn’t elaborate on what the company hopes to gain from the potential lawsuit, but 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.
    Alex Connelly, vice president of Inno Racks, said he thinks Yakima is just attacking the “little guys.”
    “I think it was just a big boy rockin’ the world,” Connelly said.]]> http://exploreitoutdoors.com/2009/03/06/yakima-still-talking-with-competitors/feed/ 0 Explore It Outdoors http://exploreitoutdoors.com/2008/11/26/yakima-wants-to-settle-outside-of-court/ http://exploreitoutdoors.com/2008/11/26/yakima-wants-to-settle-outside-of-court/#comments Wed, 26 Nov 2008 17:57:20 +0000 exploreitoutdoors http://exploreitoutdoors.wordpress.com/2008/11/26/yakima-wants-to-settle-outside-of-court
photo courtesy Rocky Mounts Inc.

    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.
]]> http://exploreitoutdoors.com/2008/11/26/yakima-wants-to-settle-outside-of-court/feed/ 0 Explore It Outdoors http://exploreitoutdoors.com/2008/11/21/yakima-fights-rack-competitors/ http://exploreitoutdoors.com/2008/11/21/yakima-fights-rack-competitors/#comments Fri, 21 Nov 2008 19:08:52 +0000 exploreitoutdoors http://exploreitoutdoors.wordpress.com/2008/11/21/yakima-fights-rack-competitors
photo courtesy Yakima Products Inc.

    Yakima Products Inc. filed a complaint last week against four of its competitors for alleged patent infringement.
    The complaint, filed Nov. 13, alleges that 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, all violated Yakima patents, according to Bicycle Retailer and Industry News.
    But as of today, at least three of the four companies have not been served with a notice. Saris didn’t return phone calls.
    Each of the companies knows about the potential suit, but have heard little, if anything, from Yakima.
    “We have not actually been served the papers yet,” said Bobby Noyes, owner of Rocky Mounts.
    And Neil Nusbaum said the same.
    “We’re aware of it through the public domain,” he said. “We’re kinda in the dark just like Rocky Mounts is.”
    Nusbaum said lawsuits are part of doing business in the U.S.
    “We litigate in this society,” he said.
    As of today, a Yakima spokeswoman had “no comment,” and the company’s attorney’s did not return phone calls.
    Alex Connelly, Inno Racks’ vice president, had a theory pertaining to a “big guy” attacking the “little guys.”
    The product that Connelly said Inno Racks is allegedly infringing on isn’t in production. The hitch-mount rack has appeared in the company’s catalog for a few years, but it has never sold one, he said.
    “They have seen it for many years,” Connelly said speaking of Beaverton, Ore.-based Yakima.
    That, coupled with the fact that another industry leader – Sweden-based Thule AB – wasn’t listed in the complaint, makes him think Yakima is losing business or is scared the “little guys” are taking too much of the market.
    “They’re suing us on vapor,” he said regarding the allegations against his company.

Check back next week for updated information on the lawsuits.]]> http://exploreitoutdoors.com/2008/11/21/yakima-fights-rack-competitors/feed/ 0 Explore It Outdoors