FOR IMMEDIATE RELEASE September 22, 2003 Smart Parts Website: www.smartparts.com
Indian Creek Design Website: www.icdpaintball.com
Indian Creek Design, Inc. and Smart Parts, Inc. Settle Patent Litigation September 22, 2003 Smart Parts, Inc. (Smart Parts) and Indian Creek Design, Inc. (ICD) today announced the signing of a Settlement Agreement and Consent Decree which brought to a close their litigation over Smart Parts electronic paintball gun patents. ICD has agreed to pay an undisclosed sum of money in settlement of the litigation brought against it by Smart Parts in November 2002 in the United States District Court for the District of Oregon. ICD has further agreed to only sell electronic paintball guns constructed pursuant to a license from Smart Parts. A partial summary judgment ruling earlier this year found ICD to infringe all but one of the claims of Smart Parts U.S. Patent No. 6,474,326 B1 through the manufacture and sale of its electronic paintball guns, and denied most of ICDs affirmative defenses and counterclaims. According to the terms of the Consent Decree, ICDs remaining affirmative defenses and counterclaims, which relate to its allegations of invalidity and unenforceability, are also denied. Smart Parts owns several issued patents and pending patent applications related to the use of electronics in the control and operation of paintball guns. These include, for instance, U.S. Patent Nos. 6,474,326 B1; 6,035,843; 5,967,133; and 5,881,707.