UK-based Tech-ni-Fold Ltd has successfully prevented a third US company from continuing to sell a device that Tech-ni-Fold believes infringes upon its Tri-Creaser® patents. As a result, Rosback Company of St. Joseph, Michigan will be discontinuing the current design of its TrueScore-Pro and TrueScore-Pro Quad products.
Tech-ni-Fold has decided to publicize the details in order to reduce confusion within the post-press marketplace as well as to send an important message that Tech-ni-Fold will stand up against unauthorized copying of its patented technology.
Tech-ni-Fold, specialists in the field of creasing, cutting and perforating technology, maintains a “zero tolerance" philosophy toward infringement. Tech-ni-Fold says it will litigate, without hesitation, to enforce its patent rights. These recent events come almost two years after Tech-ni-Fold Ltd reached a settlement in an infringement lawsuit against two other companies, Update Ltd. and D&R Bindery Solutions, both of Chaska, Minnesota. Under the terms of that settlement, Update agreed to cease manufacturing its “Ultimate Score” product and its consumable components. Update also discontinued sales of its then-current Ultimate Score design in April of 2012.
Graham Harris, Managing Director of Tech-ni-Fold Ltd., further explains the situation in more detail: “Rosback was a former reseller of the Update/D&R 'Ultimate Score,' which Rosback sold under the name 'Truescore.' When we successfully stopped sales of the Ultimate Score by litigating against Update and D&R, Rosback could no longer resell the Ultimate Score design. Earlier this year, however, Tech-ni-Fold learned that Rosback was selling products called 'TrueScore-Pro' and 'TrueScore-Pro Quad.' Upon further investigation we concluded that although the look of the devices had changed in some respects, both products clearly infringed our patents.”
Harris continues, “We wrote to Rosback, and last week Rosback agreed to cease selling the products. Because Tech-ni-Fold caught the problem early, we do not know how many allegedly infringing devices Rosback sold nor how many companies may have been caught up in this. We also do not control whether Rosback will continue to come up with still other versions under the same brand names. Tech-ni-Fold is more concerned that the thousands of loyal Tech-ni-Fold USA customers -- many of whom own Rosback equipment -- are notified of these events.”
Says Harris, “I have fought quietly and fairly for five years to protect our intellectual property and good name in the market. Every person within our organization works hard to ensure that we provide the quality products and services our customers expect, and it has come to a point where enough is enough, and we have to make a stand. It is sad that litigation is sometimes the only tool that works to deter certain behavior. But I will not hesitate to start litigation proceedings next time I see a product that our legal team and I deem to be potentially infringing.
Tech-ni-Fold welcomes competition, but it must be fair and just, and I hope that by speaking out, others will think twice about “chancing” a design to gain quick access into the market.”
Andre Palko, President of Tech-ni-fold USA, Inc., authorized retailer of Tech-ni-fold products for the USA and Canada, had this to say about the situation. “Our creasing and perforating products have boosted the satisfaction level of owners and operators of folding machines, scoring machines, saddle stitchers, perfect binders and web presses for more than a dozen years. With this agreement, they can rest assured that when they think they are buying a Tech-ni-fold based product, they truly are. It’s really a win-win scenario.”