3M Company and 3M Innovative Properties Co., a wholly owned subsidiary of 3M, have announced that 3M has secured a permanent injunction in the United States District Court of Minnesota against Avery Dennison Corp. The injunction, granted March 17, 2006, prohibits Avery Dennison from making, using, selling, or importing into the United States its EZ Series Fleet Marking Film, 3M reports.
In December 2005, a jury found that Avery Dennison had infringed on 3M's patent–which relates to release liners used in the manufacture and sale of pressure-sensitive adhesives for large-format graphics–by selling its EZ Series Fleet Marking Film. 3M's patented technology is used in the manufacture of 3M Controltac Plus Graphic Film with Comply Adhesive, a product that is especially used in hard-to-wrap applications such as large fleet vehicles.
“As an innovative company with a strong technology base, 3M makes a significant investment in research and development each year,” says Bob Doughty, division vice president, 3M Commercial Graphics Division. “The court's decision helps to protect that investment and to ensure that we can continue to provide our customers with the products they need to be successful.”
As this article is readied for publication, Avery had yet to respond to 3M's announcement of the permanent injunction. In a letter to its customers in early January, Avery stated that if the trial court upheld the jury verdict, it would appeal the verdict to the Federal Court of Appeals. In addition, Avery stated, if it were prohibited from selling its Easy Apply graphics films pending appeal, it would manufacture and sell “non-infringing alternative products to meet the productivity improvement needs of its varied customer base.”
AVERY DENNISON GRAPHICS DIVISION
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