December 3, 2003

 

KUCALA PATENT INVALIDITY CASE
THROWN OUT


 Chicago, Illinois 

Auto Wax Company, Inc. is pleased to announce that it has won a judgment in favor of the validity of its clay patents.  Specifically, U.S. district court Judge Joan Lefkow recently issued an order stating that judgment should be entered “in favor of Auto Wax on Kucala’s claim for declaratory judgment that United States Patent Nos. 5,727,993 and 5,476,416 are not valid.”  The Court concluded that Kucala’s conduct was “egregious” and “in flagrant disregard of a court order,” and the Court  found that Kucala must “bear the expenses, including attorney’s fees incurred by Auto Wax as a result of Kucala’s conduct.”   A copy of Judge Lefkow’s ruling is available upon request from Auto Wax, and also available on-line at: http://www.ilnd.uscourts.gov/RACER2/index.html
(Case 1:02-cv-1403, Filing Date 10/27/03).

In light of the order entered by Judge Lefkow, Auto Wax’s patent infringement case against Kucala will now continue. However, Kucala is prevented from invalidating the Auto Wax patents.  

Auto Wax President David Miller stated:  “We’re very pleased that the court has now thrown out the heart of Kucala’s claims against us. Our patent infringement case against Kucala will now go forward.  We are very confident that a jury will, after finding out about Kucala’s actions, find that our patent has been infringed.”

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.




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