Judgment to be Entered in Favor of ACE DuraFlo in Federal Lawsuits Against Nu Flow and Others

IRVINE, California --(BUSINESS WIRE)--

Two Federal lawsuits filed by plaintiffs ACE DuraFlo® Systems, LLC (“ACE”) and Pipe Restoration Technologies, LLC (“PRT”) (Case Nos. SACV05-1039 DDP (CTx) and CV05-5857 DDP (CTx)) have been resolved and Judgment will be entered in favor of Plaintiffs and against defendants Nu Flow America, Inc.; Nu Flow Technologies (2000), Inc.; Bill Howe Plumbing, Inc.; Pipe Renovation Systems, Inc.; American Pipe Lining Inc. (“APL”); Bill Howe Sr.; Bill Howe Jr.; and Steven Howe.

Plaintiffs were asserting the following claims in the case:

1) Breach of Contract,

2) Breach of the Implied Covenant of Good Faith and Fair Dealing,

3) Trademark Infringement,

4) Intentional Interference with Prospective Economic Advantage,

5) Intentional Interference with Contract,

6) Unfair Competition,

7) Civil Conspiracy, and

8) Defamation.

On the eve of trial, defendants offered to have judgment entered against all defendants, including a money judgment in the amount of $238,000. Plaintiffs accepted defendants’ offer. Pursuant to applicable rules, Judgment will be entered against all defendants.

Previously, the Court had ruled in ACE’s favor on its claim for declaratory relief that ACE did not infringe United States Patent no. 5,707,702 (the “’702 Patent”), which is owned by the United States. The Court found defendant APL had wrongly accused ACE of infringement of the ‘702 patent. The Court also found the case to be “exceptional” under the Patent Laws and awarded ACE attorneys’ fees.