May 21, 2020

AceClamp Responds to S5!'s Press Release Regarding Color Snap® Patent Litigation

Bizclik Editor
3 min

PLAINVILLE, Conn., Feb. 8, 2019 /PRNewswire/ -- S5!'s Press Release of January 11, 2019, contained several statements that PMC Industries, Inc. feels are misleading and therefore feel compelled to set the record straight.

  • PMC conducted itself ethically and properly at all times in connection with this matter, and PMC did not copy the S5! Product. PMC's product development process respects the rights of others through careful due-diligence. During the process of designing the Color Snap® product, PMC investigated the patent landscape and found the S5! patent. Aware of Mr. Haddock's litigious nature and his desire to stifle competition in this industry, PMC got an opinion from a highly qualified patent lawyer that the Color Snap® product did not infringe the S5! patent before taking the product to market.
  • In recognition of the unique aspects of the Color Snap® product, PMC was awarded a patent for its innovations related to the Color Snap® product, U.S. Patent No. 9,850,661. PMC remains puzzled by the Court's ruling that its patented Color Snap® product, which is technologically superior to S5!'s old technology, could infringe S5!'s patent, especially in light of the fact that the United States Patent & Trademark Office issued PMC's patent over S5!'s expiring patent. While PMC feels certain that it would prevail on appeal, since the S5! Patent expires on May 17, 2019, PMC has decided not to pursue further litigation for financial and business reasons.
  • Mr. Haddock made several disheartening comments regarding his peers in the industry that PMC believes the public should be aware of. When asked under oath by the Judge if he wanted to see PMC fail, Mr Haddock made the following statement: "Well, I hope they do insofar as they compete in the marketplace with us. I hope all our competitors fail. I'm sure he hopes the same thing, Alan [Wasley] over there."
  • PMC has a different approach to competition. CEO of PMC Industries Alan Wasley, when asked by the judge to respond, explained at trial: "PMC has a culture that respects our competitors. In fact, we enjoy working with our competitors whenever we can. We figure that if we can get together and improve the industry and help our customers, that's what we like to do. The last thing we want to do is be in situations like we're in now or see any of our competitors fail for any reason. We want to work together and make the industry better."
  • PMC embraces competition because it is what makes the economy of the United States the envy of the world. Free and fair competition is what makes this country an economic powerhouse. PMC seeks to collaborate with its industry partners to bring new and innovative technology to the market. By improving the technology available to the industry, the safety of customers and the technicians who install this equipment will be enhanced.
  • Finally, other than the Color Snap® system, all of PMC's other snow retention and solar mounting products are available for purchase. And, consistent with the Court's order, PMC will resume sales of the Color Snap® product this year, starting on May 18, 2019.

PMC Industries, Inc. / AceClamp® looks forward to showcasing its new, innovative products at this month's IRE in Nashville, TN. (February, 2019) Engineers and R&D experts will be showcasing several new snow retention solutions as well as giving visitors a first peek at their exciting new solar mounting option being released in the 2nd quarter of 2019. For more information, please contact AceClamp at [email protected].

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SOURCE AceClamp® by PMC Industries, Inc.

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