|July 5, 2005|
KUCALA FOUND GUILTY OF
On June 30, 2005, the Honorable Chief Judge Charles P. Kocoras of the Northern District of Illinois entered a Final Judgment in the case of Kucala v. Auto Wax and ordered Kucala to pay $4,131,192.05 plus prejudgment interest to Auto Wax. The Final Judgment also grants a permanent injunction against Kucala and his employees, agents, owners, and legal counsel and persons in active concert or participation with them who receive actual notice of the order. A copy of the Final Judgment is enclosed.
The Final Judgment disposes of all issues in this case, finding that “Kucala has infringed, induced infringement, and contributorily infringed at least Claim 57 of Auto Wax’s United States Patent No. 5,727,993 (‘the ‘993 Patent’).” The Court’s judgment also found that “Kucala’s actions in this case and its infringement, repeated infringement, and contributory infringement of at least Claim 57 of the ‘993 Patent have been willful, intentional, and in bad faith.”
At the conclusion of the Final Judgment, Judge Kocoras provided Kucala with a “final warning.” Judge Kocoras stated as follows:
Given Kucala’s repeated defiance of this court’s orders, a final warning is in order. Should Kucala fail to abide by the commands of this Final Judgment, the court will consider such action to be a direct and serious challenge to this court’s authority and will, on motion or on its own initiative, immediately initiate criminal contempt proceedings against Kucala.
Auto Wax’s President, David Miller, stated: “Auto Wax is delighted with the court’s Final Judgment. We look forward to continuing to provide our customers with quality detailing clay products.”
In the United States,
AWC sells Clay Magic®, the original surface preparation bar. Auto Wax
owns six patents relating to clay products and provides private label
clay to many of the detail industry’s leading companies. If you have
any questions concerning the issues in this press release, please call
David Miller at (214) 631-4000.