Court Enters Order Rescinding Patent Assignment to Neutral Posture Ergonomics
NAVASOTA, Texas, Sept. 8 /PRNewswire/ -- BodyBilt, Inc. announced that on September 3, 1998, Judge D. Langley of the 85th Judicial District court in Brazos County, Texas entered an order for Partial Summary Judgment for BodyBilt, rescinding Jerome Congleton's March 5, 1997 assignment of United States Patent 4,552,404 to Neutral Posture Ergonomics (Nasdaq: NTRL - news). The court held that the attempted assignment of the patent to Neutral Posture Ergonomics was invalid under the terms of a Settlement Agreement executed between the parties on May 2, 1991.
The Judge commented in open court that Jerome Congleton could re-execute an assignment to Neutral Posture Ergonomics, but cautioned that any assignment would have to comply with the terms of the 1991 Settlement Agreement. The 1991 Settlement Agreement, executed by Jerome Congleton and the predecessors to BodyBilt and Neutral Posture Ergonomics, reads in one key section ''Jerome J. Congleton will not...contest or contend that BodyBilt does not have the right to produce commercial, industrial and laboratory chairs or claim...said companies' production as being an infringement of the patent...''
Commenting on the court's ruling, Gerald McMillan, Chairman of BodyBilt said, ''We are extremely pleased the court upheld the 1991 Settlement agreement. The 1991 Settlement Agreement clearly allows BodyBilt the right to market commercial, industrial and laboratory chairs, which comprises 100% of BodyBilt's product line. Any further assignment by Jerome Congleton which calls into question BodyBilt's right to market its products will meet the same fate as the prior attempted assignment to Neutral Posture Ergonomics.''
For further information, please call Ernie Nycz at 972-705-7298. The Court order described above will soon be available on BodyBilt's web site at www.BodyBilt.com.
BodyBilt, Inc., with headquarters in Navasota, Texas, is a developer and marketer of high-end ergonomic chairs that improve workplace productivity. BodyBilt, Inc., is a wholly owned subsidiary of ErgoBilt, Inc. (Nasdaq: ERGBE - news).
Except for historical information contained herein, the matters set forth in this release may be forward-looking statements. These statements are dependent on certain risks and uncertainties including, but not limited to, such factors as litigation risks. Investors should also consider other risks and uncertainties set forth in documents filed by the company with the Securities and Exchange Commission.
SOURCE: BodyBilt, Inc. |