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Part victory in Markman decision in infringement suit against Halstead and Home Depot

Viken, Sweden -

Välinge prevailed on the majority of the terms that the United States District Court for the District of Delaware construed in its Markman ruling yesterday.  ​

As a result, five of the patents-in-suit covering key innovations in LVT/WPC/SPC flooring continue to be asserted against Home Depot’s and Halstead’s unlawful importation and sale of infringing products. The asserted patents are strong and highly relevant for any distributor or retailer in today’s market. 

The Court’s decision was in line with Välinge’s view on how to construe all terms as claimed in the so-called Mannington patents with the exception of the feature “not susceptible to damage caused by moisture” which was deemed not to be sufficiently clear. The limited effect of this decision is that the Mannington patents will not be considered at the same time as the other patents by the court when assessing the issue of infringement in this case. Välinge strongly disagrees with the Court’s construction of this term and will appeal the decision. In the meantime, Välinge has several other pending US patent applications in the Mannington patent family with independent claims not containing this feature. The Mannington patents granted in other countries are not affected by this decision.

The conclusion from yesterday’s court decision can only be that Välinge’s patent portfolio continues to be relevant for producers and distributors of similar products in the US market and should be taken into consideration by all who wish to conduct business in a fair way, respecting the intellectual property rights of others.

“Välinge anticipated a decision where some of the patents-in-suit might drop out at this stage of the case, this is normal according to our experience and our main focus is now on the remaining five patents. The patents-in-suit were chosen because we consider them strong and relevant for LVT/WPC/SPC flooring products of a certain kind, both individually and in combination. The remaining patents are enforceable for a longer time period. We are very confident that our efforts to combat patent infringement in this case will be successful,” says Mr. Niclas Håkansson, CEO, Välinge Innovation.

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