Friday, May 13, 2011

Amway (Plantiff) vs. Nikken (Defendant) Lawsuit.......Guess who won?

So many of you out there are probably not aware that Amway sued Nikken back in 1999 for Patent Infringement. So Nikken being Nikken, decided to countersue. Rather than take the high road and just defend themselves, they had a tantrum and sued Amway in return.

Read about it here:

http://articles.latimes.com/1999/jul/10/business/fi-54597

Now if you do some research on your own, most sites and the Los Angeles Times only go as far as that the lawsuit was dismissed by a Federal Judge in October 1999.

Read about it here:

http://articles.latimes.com/1999/oct/23/business/fi-25238

However the case was reinstated by a Federal Judge in November of 1999.

Read about it here:

http://articles.latimes.com/1999/nov/17/business/fi-34397

Now finding the results was difficult, but I was able to find the Lawyer ( that was for Amway and here is what he had to say:

"Holcomb Healthcare Services Corp. and Amway Corporation v. Nikken Inc. (M.D. Tenn. 1999-2001). Subject: Patent and Unfair Competition. Issue: Infringement and Validity. Resolution: The Court denied the defendant's motions for summary judgement on the issue of infringement, validity and unfair competition. Case settled favorably for the client one month before jury trial."

(To verify the above, read about it here:http://www.leadinglawyers.com/atty_profile.cfm?Style=printable&TOCUID=1052277)

So, If Mr. Ralph J. Gabric of Brinks Hofer Gilson & Lione, was representing Amway and as the above says, "Case settled favorably for the client one month before Jury trial", I guess Nikken knew they were doing wrong and decided to pay a settlement for their mistakes because they knew they had no chance of winning in front of a Jury.

1 comment:

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