Court Again Rules in Favor of Brine, Inc.

 

 

WORCESTER, Mass.--(BUSINESS WIRE)--April 1, 2005--Late yesterday in Boston, United States District Court Judge Nathaniel M. Gorton found STX LLC of Baltimore, Maryland, in contempt of court for violation of a permanent injunction Judge Gorton issued last year in a suit successfully brought by Brine, Inc. of Milford, Massachusetts for infringement of a lacrosse stick patent. Judge Gorton ordered STX to pay Brine the gross profits from sales of an infringing lacrosse stick, as well as costs and attorneys fees relating to the contempt issue. Mirick O'Connell, a Massachusetts law firm, prosecuted the case. The legal team included Brian Dingman, Esq., Jenifer Haeckl, Esq., and John Mirick, Esq.

On January 21, 2004, Judge Gorton issued a final judgment of over $2 million in the patent infringement suit brought by Brine against STX. In November 2003, a federal jury in Worcester returned a verdict of willful patent infringement and damages for lost profits of $1.9 million in the same suit.

Brine, based in Milford, Massachusetts, manufactures and distributes lacrosse sticks, equipment, accessories, and apparel, as well as other sporting goods. In 1995, Brine introduced its line of Edge Offset(TM) Head lacrosse sticks with lowered sidewalls, which was an immediate commercial success. Two years later, STX introduced its first offset head to the marketplace. In 1999, Brine filed the patent infringement suit against STX in Federal Court which resulted in the 2003 jury award. On January 21, 2004 the judge denied STX's post-trial motion to stay the injunction and issued the permanent injunction that barred STX from making, offering to sell, or selling STX's Octane, Proton or X2 products anywhere in the U.S.. Together with pre-judgment interest, the award totaled over $2 million, among the ten largest awards in the state of Massachusetts in 2003.

"The permanent injunction issued by the judge against STX was very important for Brine," states John Mirick, a partner at Mirick O'Connell and the chief trial attorney on this case. "The Edge Offset(TM) Head has had a tremendous impact on the game of lacrosse. The final judgment recognized and protected Brine's unique design, and Judge Gorton noted in this latest decision that this 'marks the second time that this Court has ordered STX to cease infringing' on Brine's patent, and that 'a substantial sanction is appropriate.'"

Last October, Brine filed a complaint alleging that STX had violated this injunction by continuing to sell a product that was "substantially the same" as the X2, named the X2+. Last month, the judge held a hearing in the matter, which included expert testimony. In his opinion issued yesterday, Judge Gorton found that the X2+ lacrosse sticks are not different from the X2. "As such, Brine has proven infringement by clear and convincing evidence," his ruling stated.

"We are very pleased by the outcome of this latest judgment," commented Sean Fox, the President of Brine. "The Edge Offset(TM) Head is a specialized feature that truly revolutionized the game of lacrosse. We worked hard to develop this breakthrough technology and patented it. It should not be copied without our permission. We are pleased that the court once again has upheld Brine's exclusive rights granted by the patent, and that the judge sanctioned STX for violating his injunction."