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OurPet's Company: OurPet's Company Receives Consent Decree Concerning Durapet Bowl(TM) Patent

  //house-home.news-articles.net/content/2010/05/0 .. nt-decree-concerning-durapet-bowl-tm-patent.html
  Published in House and Home on Friday, May 7th 2010 at 8:00 GMT by Market Wire
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FAIRPORT HARBOR, OH--(Marketwire - May 7, 2010) - OurPet's Company (OTCBB: [ OPCO ]) ([ www.ourpets.com ]), a leading proprietary pet supply company with a significant intellectual product portfolio today announced the United States District Court for the Northern District of Ohio (The Court) approved a Consent Decree that the OurPet's 253 patent, described below, is validly issued, enforceable and in full force and effect.

By value of this Consent Decree, Indipets, Inc., a pet supply company with offices in Hillsborough, New Jersey and Delhi, India forever waived any rights to contest the validity of the OurPet's 253 Patent a patent infringement case involving the company's Durapet Bowl™ patent.

On February 22, 2009, OurPet's filed a patent infringement lawsuit in The Court against Indipets, Inc. (Case No.: 1:09-cv-00409-PAG). In the lawsuit, OurPet's alleged that Indipets engaged in conduct that infringed upon OurPet's D565,253 ('253) patent, which is for stainless steel bowls with a bonded rubber surface and sold by OurPet's under the Durapet™ label.

The preliminary injunction against Indipets was made permanent so that for the term of the 253 Patent, Indipets is enjoined from producing, selling or offering for sale in the United States any and all products which infringe upon OurPet's 253 Patent. OurPet's was represented by lead counsel Mark B. Cohn, Webster Dubyak & Weyls Co. LPA, Cleveland, OH and Indipets was represented by lead counsel John W. Pint, Proskauer Rose LLP, Boston, Massachusetts.

About OurPet's Company: OurPet's designs, produces and markets a broad line of innovative, high-quality accessory and consumable pet products in the U.S. and overseas. Investors and customers may visit [ www.ourpets.com ] for more information about the Company and its products. The Company's Websites include: [ www.smartscoop.com ], [ www.ecopurenaturals.com ], [ www.playnsqueak.com ], and [ www.flappydogtoys.com ].

Certain of the matters set forth in this press release are forward-looking and involve a number of risks and uncertainties. Among the factors that could cause actual results to differ materially are the following: business conditions and growth in the industry; general economic conditions; addition or loss of significant customers; the loss of key personnel; product development; competition; risks of doing business abroad; foreign government regulations; fluctuations in foreign rates; rising costs for raw materials and the unavailability of sources of supply; the timing of orders booked; and the other risks that are described from time to time in OurPet's SEC reports.