Knobbe Martens Olson & Bear LLP today announced continued success for its client, Swift Distribution, Inc. dba Ultimate Support Systems, Inc. On November 19, 2010, a California Federal Court ruled that Ultimate’s recently launched “UC-80 ULTI-CART” utility cart does not infringe two patents asserted by Gary-Michael Dahl. The patents relate to certain features for a collapsible cart. Earlier this year, Ultimate’s innovative cart won the Home Crystal Disc Award at the NAMM Show for the Best New Mobile DJ Product for 2010 from DJzone.
In an 18-page order, Judge S. James Otero granted Ultimate’s Motion for Summary Judgment of Noninfringement in its entirety. Judge Otero’s order confirms Ultimate’s positions that its innovative cart designs do not fall within the literal scope of Dahl’s patent claims and that Dahl’s patents are not entitled to any scope of equivalents that would capture the innovative cart designs. The Court’s order has cleared Ultimate’s carts of the infringement allegations that Dahl made just after Ultimate launched its cart at the NAMM Show. On April 1, 2010, Ultimate defeated Dahl’s motion for a temporary restraining order. Through that earlier motion, Dahl unsuccessfully tried to prevent Ultimate from selling or marketing its new utility cart.
Ultimate is represented in the matter by Knobbe Martens attorneys Craig Summers, John Holcomb, and Nick Zovko. Commenting on the ruling, John Holcomb said, “We are gratified that Judge Otero recognized what we all knew since the beginning of this case. Ultimate’s carts simply do not infringe the patents, and Mr. Dahl was wrong to make that allegation.” The case is set for trial on April 12, 2011 on the remaining claims, including Ultimate’s claims against Dahl for unfair competition.
Knobbe Martens Olson & Bear LLP has over 275 lawyers and scientists nationwide and dedicates its practice to all aspects of intellectual property law including litigation. Knobbe Martens serves a diverse group of clients from multinational corporations to emerging businesses of all stages. The firm is headquartered in Orange County, California, with offices in San Diego, Los Angeles, Riverside, San Francisco, Seattle and Washington, D.C., and enjoys an international reputation for excellence. More information about the firm can be found at www.knobbe.com
