|November 1, 2004|
KUCALA ORDERED TO STOP SELLING DETAILING CLAY
On October 29, 2004, federal judge Joan H. Lefkow issued a preliminary injunction which ordered Kucala Enterprises, John Kucala, and Dawn Kucula to immediately stop selling detailing clay. In the future, Kucala is prohibited from selling detailing clay without court approval. This order came after the Court found that Kucala had presented no substantial evidence of noninfringement, despite being specifically ordered to do so by the Court.
At the same time, the Court also conducted a Markman hearing to determine the meaning of the claims in Auto Wax’s United States Patent No. 5,727,993, which relates to detailing clay and clay methods. The Court rejected Kucala’s attempts to limit the meaning and coverage of this patent. The Court stated that a written order would be issued at a later date.
Auto Wax President David Miller stated: “Kucala has already been ordered to pay over $93,000 to Auto Wax for violating court orders. Kucala has also been prohibited from challenging the validity and enforceability of the Auto Wax clay patents. Now, he has been prohibited from selling detailing clay. This ruling sends a clear message to Kucala, and to other companies. Companies that use and/or sell Kucala’s clay may also be liable for patent infringement.”
In the United States, Auto Wax Company, Inc. sells Clay Magic®, the original surface preparation bar. Auto Wax owns seven patents relating to clay products and provides private label clay to many of the detail industry’s leading companies. If you would like copies of any court papers concerning the issues in this press release, or if you have any questions, please call David Miller at (214) 631-4000.