Federal Court Upholds Patent Infringement Verdict In Favor Of Thermapure, Inc.

A Federal District Court Judge in Texas has upheld a jury verdict in favor of Ventura, California-based ThermaPure, Inc. in its patent infringement lawsuit against the Water Out Drying Corporation of New Jersey. ThermaPure holds the U.S. patent on the use of heated air and filtration to dry and sanitize structures. End Quote

We intend to aggressively protect ThermaPure against any further industry infringement of our patent rights

(1888PressRelease) November 24, 2009 - VENTURA, CA – Judge Validates Jury Verdict, which Found Water Out Drying Corporation of NJ Violated ThermaPure Patent for Sanitizing Structures Using Heat

The U.S. District Court in Marshall, Texas has upheld a jury verdict finding that U.S. Patent (No. 6,327,812), owned by California-based ThermaPure®, is valid and has been infringed by New Jersey-based Water Out Drying Corporation.

The case was tried to a jury in March 2009 before United States Magistrate Judge Charles Everingham IV. The jury found Thermapure’s patent valid and infringed. On November 13, 2009, the Court denied Water Out’s attempt to overturn the verdict and granted Thermapure’s motion to set a new trial solely on the issue of damages. Jury selection for the damages trial is set to begin on March 1, 2010. The damages by the time of trial are estimated to be more than $17 million.

Thermapure had also brought a motion post-verdict for a permanent injunction to prevent continued infringement by Water Out. The Court will decide that motion following the damages trial.

“We appreciate the jury’s service and attention to our case. We are obviously thrilled the Court has affirmed their finding of validity and infringement,” said David Hedman, CEO of ThermaPure. “We intend to aggressively protect ThermaPure against any further industry infringement of our patent rights.”

The use of heated air to dry and sanitize structures affected by water damage, pests and other contaminants is a rapidly growing practice in the multi-billion dollar restoration and pest control industries. More than 40 restoration and environmental companies, and pest control operators in North America are currently offering heat treatments as ThermaPure licensees. However, a number of other providers are not and may be infringing upon ThermaPure’s intellectual property.

ThermaPure (www.thermapure.com) is a patented, non-chemical heat and filtration technology that utilizes structural pasteurization to sanitize structures. The ThermaPure process can also kill or denature mold, bacteria, viruses and insects, including bed bugs, termites and their eggs. The ThermaPure heat process is carefully measured and monitored, and includes filtration to help remove contaminants that are sent airborne because of the circulation of heated air. ThermaPure-trained technicians are also careful to protect or remove heat-sensitive items.

ThermaPure, Inc. was represented by Julien Adams and Jeff Eichmann of Dovel & Luner LLP; Christopher Bunt of Parker, Bunt & Ainsworth, P.C.; and Claire Henry of Capshaw DeRieux, LLP. The case is captioned Thermapure, Inc v. Water Out Drying Corp Et al. 2:06-CV-0453 and was tried in the U.S. District Court for the Eastern District of Texas.

For Additional Information:

News Media Contact
Alan Elias
ThermaPure
(925) 785-2650
elias2000 ( @ ) sbcglobal dot net

Jeff Eichmann
Dovel & Luner, LLP
(310) 656-7066

For Information about Licensing the ThermaPure Technology
Marty Venturini
ThermaPure
(800) 375-7786

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