by Brian Mullin on April 17, 2012

Hydrapak Wins Patent Infringement Lawsuit Over Source Vagabond
Summary Judgment for Hydrapak — Sanction against Source to follow

April 16, 2012 (Oakland, Calif.)Hydrapak,
a leading global supplier of active-lifestyle hydration equipment, has
been granted a summary judgment of non-infringement in a lawsuit filed
by Source Vagabond Systems in August 2011.  Not only was the suit
dismissed in its entirety, but the associated motion for Rule 11
Sanctions against Source Vagabond was also granted.

Judge Coleen
McMahon stated in her decision, “The Court grants defendant’s motion for
summary judgment dismissing the complaint because defendant’s product
does not infringe plaintiff’s patent.”  In granting the motion to award
sanctions, Judge McMahon of the United States District Court, Southern
District of New York, noted that while “I and so many of my colleagues
bridle at the flood of Rule 11 motions that arrive on our doorsteps,” in
this case the sanctions were warranted because “this case is simply not
close on the merits.”  The hearing to determine the amount of sanctions
to be awarded to Hydrapak has been referred to the Hon. James L. Cott,
United States Magisrate Judge.

“We
feel passionately about our intellectual property and innovation
efforts, and the findings of the United States District Court are
validation of our work,” said Matt Lyon, CEO of Hydrapak. “We are glad
to put this lawsuit behind us and continue to do what we do best;
provide superior hydration systems for Hydrapak’s enthusiasts around the
globe.”

The lawsuit, which contended that the top closure system
used in Hydrapak’s Reversible Reservoir II infringed upon Source
Vagabond’s patent, was found to be invalid and was dismissed.  In fact,
Hydrapak last year was awarded its own patent on its unique and novel
closure method.

About Hydrapak
Created in 2001, Hydrapak,
creators of innovative and advanced hands-free fluid delivery systems,
was introduced to satisfy the growing demand from athletes for personal
hydration systems. Hydrapak produces a lineup of custom built
hydration backpacks, reservoirs, and bottles for a variety of sports,
including biking, hiking and running.  Hydrapak is also an OEM for top
manufacturers specializing in consumer, commercial and military
purposes.  
To view all drink systems and components, bottles and hydration packs visit www.hydrapak.com or call 510.632.8318.

Here
is some timelines of the suit and pertaining information, courtesy of
Bicycle Retailer & Industry News (Note: information is for personal
use only)



=> Today (4-16-2012) Hydrapak prevailed in the suit brought against them by Source


Hydrapak prevails in patent suit
April 16th, 2012
NEW
YORK, NY (BRAIN)- A U.S. District Court judge has ruled in favor of Hydrapak
in a patent infringement case filed last August by Vagabond Source
Systems, an Israeli supplier of water reservoirs for personal hydration
packs.

In a 10-page order published last Wednesday, Judge Coleen
McMahon issued a summary judgment and dismissed the case due to lack of
merit. At question was the slide-seal closure used in Hydrapak’s
Reversible Reservoir, which Vagabond claimed infringed on its patent for
its Widepac water reservoir, sold since 2001. One of Vagabond’s early
buyers is the U.S. Marine Corp, which began buying the system in 2004.

Vagabond
also claimed Hydrapak falsely marketed its system as “patent pending.”
Vagabond was seeking at least $500 in damages for each of Hydrapak’s
violations.

“We feel passionately about our intellectual property
and innovation efforts, and the findings of the United States District
Court are validation of our work,” said Matt Lyon, Hydrapak’s CEO. “We
are glad to put this lawsuit behind us and continue to do what we do
best—provide superior hydration systems for Hydrapak’s enthusiasts
around the globe.”

Lyon said Hydrapak was awarded its own patent on its closure method last year.

The
hearing to determine the amount of sanctions to be awarded to Hydrapak
has been referred to the Hon. James L. Cott, United States Magistrate
Judge.

=> Last August they were approved for a patent on the closure system

Hydrapak Approved for Issuance on Patent
Aug 8th, 2011
OAKLAND,
CA (BRAIN)–Hydrapak’s reservoir closure system and method (Application
No.: 11/445,721) has been approved for the issuance as a patent by the
U.S. Patent Office.

The closure system and method, first utilized
in the Reversible Reservoir II and introduced in 2006, serve as the
foundation of Hydrapak’s hydration reservoirs. The newly-approved
approved closure system, combined with the patented fold top reservoir
(US 6,267,506 B1 issued July 31, 2001), combines a top slider which
glides across the fold top reservoir to form a water-tight seal.

Source
Vagabond Systems, parent company of the Source line of hydration
systems and sports sandals, is suing Hydrapak over a closing mechanism
that’s featured on Source’s Widepac reservoir.

Source’s lawsuit
contends that Hydrapak’s Reversible Reservoir II infringes on the United
States patent entitled “Sealing Device for Flexible Liquid Container”
(#7,648,276). This patent was issued to Source by the U.S. Patent and
Trademark Office on January 19, 2010.

Sam Lopez, director of
design at Hydrapak, said, “We welcome the U.S. Patent office’s issuance
of our unique design. It is gratifying to have their validation and the
security they bear on our intellectual property.

“We look forward
to future approvals from the U.S. Patent Office, including potentially
the patent applications for our new, ground-breaking Shape-Shift
Reservoirs,” he added.

=> A few days earlier last August, Source sued them for infringement on the closure

Source Outdoor Suing Hydrapak
Aug 2nd, 2011
TIRAT
CARMEL, Israel (BRAIN) – Source Vagabond Systems, parent company of the Source
line of hydration systems and sports sandals, is suing Hydrapak over a
closing mechanism that’s featured on Source’s Widepac reservoir.

Source’s
lawsuit contends that Hydrapak’s Reversible Reservoir II infringes on
the United States patent entitled “Sealing Device for Flexible Liquid
Container” (#7,648,276). This patent was issued to Source by the U.S.
Patent and Trademark Office on January 19, 2010.

Source is seeking
an injunction to prevent Hydrapak from further infringement, and the
awarding of compensatory damages and coverage of legal costs.

Even
though Hydrapak hadn’t been served with the lawsuit as of yesterday,
the company did release a statement in regards to the matter. “We are
proud of our intellectual property and our history of innovation,” said
Matt Lyon, CEO of Hydrapak. “We do not believe that our products
infringe on any other intellectual property or patents and we will
defend ourselves vigorously.”

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