DES MOINES, Iowa (Nov. 14, 2007) — A federal district court judge in Des Moines has turned down Goodyear and Titan Tire Corp.´s petition for a preliminary injunction against the sale of Easy Rider backhoe tires by three companies.
Goodyear and Titan claim the Easy Rider design infringes on the patented 862 backhoe tire design developed by Goodyear and licensed by Titan. The companies sought the injunction against GPX International Tire Corp., Case New Holland Inc. and CNH America L.L.C.
Judge James E. Gritzner ruled the Easy Rider and 862 designs were virtually identical, and that Goodyear and Titan could meet legal standards for proving irreparable harm to their business because of the Easy Rider´s sale.
However, GPX, Case and CNH raised the point that a person of ordinary skill could have produced a predictable variation on the 862 design, and the patent could be invalid because of that, the court decision said.
Goodyear and Titan are appealing Gritzner´s ruling. Attorneys for both sides were unavailable for comment.