USA: Outlast Files Complaint Against Frisby For Patent Infringement

Outlast Technologies has filed a complaint for patent infringement against Frisby Technologies in order to protect that portion of Outlast's intellectual property related to foam attached to fabrics. In January 1998 Frisby obtained a license from Outlast which allows Frisby to attach their ComforTemp foam, which must be greater than 2 mm in thickness, to fibers and fabrics. The patent infringement complaint filed by Outlast cites violations of the thickness requirements. On January 21, 2000, Outlast notified Frisby of various license violations and provided a period of time for Frisby to cure the violations cited. Outlast terminated Frisby's license on May 22, 2000, after the cure period expired, during which time the cited violations had not been cured. "The complaint was filed after significant efforts on Outlast's part to communicate the licensing violations to Frisby," according to Jonathan Erb, president and CEO. "Unfortunately, Frisby failed to correct the violations cited, making it necessary for Outlast to terminate the license granted to Frisby and then file the claim for patent infringement." Frisby has contended that this dispute is subject to arbitration and filed for arbitration on April 24, 2000. Outlast Technologies, Inc, develops, licenses, and markets Temperature Regulation fibers, fabrics and foams to premium quality brands for outdoorwear, extremitywear, home products and workwear in North America, Europe and Asia. Product customers include Boeri, Eddie Bauer, Fjallraven, K2, Marmot Mountain, Nordica, Vaude, Wigwam and approximately 150 other companies worldwide. Founded in 1990 and headquartered in Boulder, Colo., Outlast Technologies has pioneered the development of temperature regulation technology. For further information about Outlast Technologies and Outlast Temperature Regulation, visit