TuffStuff’s Bio-Arc Products Remain Available Outside the United States
June 04, 2019 12:47 PM Eastern Daylight Time
CHINO, Calif.–(BUSINESS WIRE)–On September 4th, 2018, Hoist Fitness Systems, Inc. filed a lawsuit [Inv. No. 337-TA-1135] against TuffStuff Fitness International, Inc. at the U.S. International Trade Commission, alleging that TuffStuff’s “Bio-Arc” products infringe five Hoist patents. This lawsuit was redundant of a separate action filed by Hoist on April 3rd, 2017 [Case No. 17-cv-0670 (S.D. Cal.)] asserting infringement of the same patents.
In May 2019, TuffStuff resolved the ITC case through entry of a “consent order.” Importantly, the consent order admits no wrongdoing at all by TuffStuff – patent infringement or otherwise. TuffStuff has made no settlement payment to Hoist. The consent order simply means that TuffStuff is no longer importing Bio-Arcs into the United States or selling Bio-Arcs to U.S. customers. The consent order has no impact on TuffStuff’s foreign business: TuffStuff continues to supply Bio-Arc products to customers outside the United States. In addition, the consent order has no impact on Bio-Arcs already in operation by U.S. customers of TuffStuff.
TuffStuff accepted the consent order not because Hoist’s claims had merit, but simply to end the expensive and duplicative ITC case. TuffStuff continues to defend against Hoist’s claims in federal district court, where a trial is scheduled for September 2019.
“It is unfortunate that Hoist resorted to overzealous litigation in an attempt to stifle fair competition. Regardless, TuffStuff is pleased to have resolved the ITC case and looks forward to a final decision that the Bio-Arcs do not infringe Hoist’s patents. In the meantime, TuffStuff will continue to sell Bio-Arcs to customers outside the United States,” noted Cammie Grider, President and CEO of TuffStuff.
Thank you for your continued support of our company.
Cammie L. Grider
President / C.E.O.
TuffStuff Fitness International, Inc.
13971 Norton Ave.
Chino, CA 91710
Telephone: (909) 629-1600
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