Court Grants Motion to Dismiss Case Against ECORE for Lack of Personal Jurisdiction

January 14, 2011 – Firm News
Intellectual Property Today Magazine

For Immediate Release 

January 14, 2011

Alexandria, Va. – The United States District Court Central District Of California granted on January 12, 2011 a motion to dismiss a patent suit against ECORE International, a client of Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P., for lack of personal jurisdiction (Kinetics v. ECORE).

Kinetics Noise Control, Inc., which sells flooring products, including rubber acoustical underlayment products, sued ECORE in November 2010, which manufactures and also sells acoustical underlayment products. At issue is ECORE patent, U.S. Patent Number 6,920,723, concerning rubber acoustical underlayment made from recycled automobile tires that effectively dampens sound. A significant benefit is that use of this product allows for LEED certification, thus the potential for receiving various governmental initiatives. Kinetics had alleged that ECORE fraudulently procured and wrongfully enforced the patent to monopolize the rubber acoustical underlayment market.

“We are gratified the court granted our request to dismiss the case,” said an attorney with Oblon, Spivak, lead counsel for ECORE. “We have felt from the beginning that the case is without merit and the court agreed.” Kinetics is headquartered in Ohio and ECORE’s principal place of business is Pennsylvania, yet the suit was filed in California. Oblon, Spivak attorneys filed a motion to dismiss for lack of personal jurisdiction on behalf of ECORE, which the court granted.

Assisting clients for 40 years, Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. is one of the largest intellectual property specialty firms in the United States. The firm provides a full range of intellectual property services, including litigation matters in all courts, as well as trademark, copyright and patent interference services.