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BackProject Corporation Prevails in Patent Infringement Suit
BackProject Corporation Prevails in Patent Infringement Suit
Patents for industry leading ATM2 declared valid and enforceable
San Jose, California - September 5, 2007 - BackProject Corporation, a leading supplier of restraint and exercise equipment to treat musculoskeletal disorders and performance enhancement, announced today the successful enforcement of its patents against John Boren and Diamond Spine Fitness.
BackProject filed suit in U.S. District Court for the Southern District of Texas on May 11, 2007, after discovering that an exercise machine produced and/or sold by John Boren and Diamond Spine directly infringed on BackProject's patented, industry leading ATM2 exercise machine (US patent numbers 6,656,098 and 6,749,548).
Faced with incontrovertible evidence that its product directly infringed on BackProject's patented ATM2 exercise machine and system, John Boren and Diamond Spine agreed to disassemble any existing products and be enjoined from any further infringing activities including making, using, selling and/or offering for sale the accused device. On August 23, 2007, less than four months after the lawsuit was filed, the district court entered a Consent Judgment permanently enjoining the accused device, and finding BackProject’s patents to be valid and enforceable.
“We are gratified by the court’s finding that Diamond Spine’s equipment infringed and that our patents are valid and enforceable,” remarked Steve Hoffman, BackProject’s President and Chief Executive Officer. “BackProject has invested considerable resources in developing its proprietary technology and the court’s ruling sends a clear message that BackProject will vigorously protect its patent and other intellectual property rights, and that we will not tolerate the illegal copying of our patented products.”
Outcomes include an immediate increase in range of motion (flexibility), strength, agility, control and better posture. For golfers, this directly affects driving distance and ball control. Similarly, all other athletes will experience an immediate performance enhancement.
BackProject was represented in this matter by Richard S. Meyer of Townsend and Townsend and Crew and Michael Hawes and William Foster of Baker Botts LLP.
Founded in 2001, BackProject designs, develops and manufactures innovative, SMART-EXERCISE systems and non-invasive pain management systems. All systems incorporate revolutionary approaches, and leading edge medical technologies to immediately address exercise fitness, performance enhancement and musculoskeletal disorders. ATM® is a registered trademark of BackProject Corporation.