Court Issues Permanent Injunction Against Tire Repair Kit Seller for Infringing a Competitor S Patent but Allows Seller to Conditionally Fill Current Orders

Written by Mark Kachner and Daniel P. Hughes

Editors: John Sganga, Joseph Cianfrani and Boris Zelkind

Judgments and Awards

On August 11, 2017 a northern California federal court permanently enjoined Sealant Systems Int’l (SSI) from selling tire repair kits that infringed TEK Global’s patent.  The injunction included a 9 month sunset provision, allowing SSI to sell to existing customers that had already placed a firm order for production before a specified date.  But the injunction also placed significant obligations on SSI.  For sales under the sunset provision, SSI was required to have its customers certify that the purchaser would limit its use to specific platforms, i.e., only for use on specific model, part number, and location.  SSI was also required to provide a copy of the permanent injunction to all manufacturers, distributors, retailers, customers, automobile OEM manufacturers, and all others that may reasonably have business related to the enjoined product.