Magotteaux’ Xwin® US Patent found valid

Magotteaux prevailed in enforcing its patent on ceramic composite for grinding applications, U.S. Reissue Patent No. 39,998, marketed under the trademark Xwin®.

In a jury verdict delivered on July 2, 2012, all claims of Magotteaux’ Xwin® U.S. Reissue Patent were upheld as valid and infringed by AIA Engineering Ltd (“AIAE”) and its U.S. subsidiary Vega Industries Ltd (“Vega”) and their Sintercast® product line.

The action, “AIA Engineering Ltd., v. Magotteaux Intl. and Magotteaux Inc.”, (3:09 –cv-00255), was the second legal action between the Parties on the U.S. land.

Magotteaux had initially brought AIAE and Vega before the International Trade Commission (“ITC”), the U.S. Federal Commission for Customs, in 2008 based upon the same reissue patent.

Magotteaux brought the initial ITC Investigation in order to defend the market and its customers which relied upon Magotteaux’ Xwin® product line.

AIAE and Vega defaulted in the ITC investigation resulting in the issuance of an Exclusion Order against the importation of infringing AIAE/Vega counterfeit Sintercast® product line into the United States.

After defaulting, AIAE/Vega sued Magotteaux in the U.S. Federal Courts for the Middle District of Tennessee in 2009 for a declaration that Magotteaux’ re-issue patent was invalid and not infringed by Sintercast®.

After extended litigation which included an appeal to the Federal Circuit in Washington, the Parties went to trial in mid-June of 2012. After deliberating less than a day, the jury returned a verdict in favor of Magotteaux on all counts.

In addition to finding Magotteaux’ Xwin® patent infringed and not invalid, the Jury also found significant evidences of willful infringement by AIAE and Vega.

The subsequent Order issued by the Court multiplied damages and found the case “exceptional” ordering the recovery of attorney fees by Magotteaux. Magotteaux was also awarded its costs.

This is a major achievement for Magotteaux after a long and global struggle against AIAE/Vega as regard to Magotteaux’ Intellectual Property. This decision is an acknowledgement of the extended work of Magotteaux’ Research & Development department and of the innovation values of the Magotteaux Group. The Xwin® solution is an innovation rather than an improvement, doubling the wear life versus traditional solutions. Magotteaux has invested a lot of money and human resources in bringing this product to the market and in protecting its invention.