Hesco Bastion Wins Second U.S. Patent Infringement Case

WASHINGTON , Nov. 24 /PRNewswire/ -- Hesco Bastion Limited, the manufacturer of patented Concertainer(R) units used in military force protection, homeland security and flood protection, announced today that a U.S. federal court has issued a consent...


WASHINGTON , Nov. 24 /PRNewswire/ -- Hesco Bastion Limited, the manufacturer of patented Concertainer(R) units used in military force protection, homeland security and flood protection, announced today that a U.S. federal court has issued a consent order and judgment, favorably resolving a case the company brought against Blue Marines Services, Inc., a company in Fairfield, Iowa .

Hesco sued Blue Marines in May 2008 in U.S. District Court for the Southern District of Iowa , alleging that Blue Marines infringed Hesco's U.S. patents, trademarks and copyrights and was improperly using its name on Blue Marines' website.

As part of the consent order, U.S. District Judge John A. Jarvey enjoined Blue Marines from infringing any of Hesco's patents (including foreign equivalents), trademarks and copyrights. Blue Marines also agreed to remove any reference to "Hesco" and "Hesco Bastion" from its advertising, marketing materials, and website. In addition, Blue Marines paid Hesco's litigation costs. Hesco and Blue Marines mutually agreed to the terms of the settlement and the court entered the consent order on November 14, 2008 .

Blue Marines' affiliated company, Blue Marines General Trading LLC, is also bound by the consent order and judgment.

Hesco was represented by Richard J. Oparil , Scott A.M. Chambers , Ph.D., and Kevin M. Bell of Patton Boggs LLP, along with Tim Bamford , Hesco's lead attorney at Withers LLP in the United Kingdom .

"This is the second company in three months that has favorably settled with Hesco," Oparil said. "These consent orders show the strength of Hesco's intellectual property portfolio and its willingness to enforce its IP rights," he went on to say. As part of the consent order, Blue Marines acknowledged that Hesco's patents, trademarks and copyrights are valid and enforceable.

Hesco's patented Concertainer units have become the most popular means within the military of protecting personnel and facilities against secondary fragmentation, saving countless lives and mission critical assets.

The units have been used by military forces including the U.S. Army, Marine Corps and Air Force, NATO and the United Nations in major conflict areas, including in Afghanistan and Iraq . The Concertainer units were recently used for flood protection in the Midwest.

Hesco barriers have been credited with saving dozens of lives in the July 7th bomb blast at the Indian Embassy in Kabul, Afghanistan .

Hesco has also sued ACS Holdings USA, LLC for patent and trademark infringement and unfair competition in Delaware federal court. That case is pending.

Patton Boggs LLP

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SOURCE Hesco Bastion Limited