LOS ANGELES — A federal judge issued a preliminary injunction barring six makers of popular aluminum scooters from selling models that allegedly infringe on a patent held by industry leader Razor USA.
Tuesday's ruling by U.S. District Court Judge Manuel Real was not expected to reduce the number of scooters available to consumers during the holiday shopping season.
Attorneys for several of the defendants in Razor USA's lawsuit said outside court that thousands of scooters their companies have already shipped to stores can still be sold, and they can easily retrofit other scooters to comply with the court's order.
Cislo said he will appeal the preliminary injunction and warned that in the mean time it may cause other scooter manufacturers to dump products on the market, bringing down prices and harming Razor.
"The children of America will have their scooters," Cislo said.
The injunction covers scooters made by Gen X Sports, K2, Titan, Wysco, Zenital, and Yunn Haaur Enterprises Inc. Their scooters are marketed under a variety of names.
Razor USA's attorney had no comment after the hearing, at which the patent infringement trial was set for Jan. 30.
The company's attorneys argued Monday before Real that the defendants copied distinctive features of Razor's scooters. The arguments hinged on interpretations of several key definitions in the patent and charges by defendants that Razor's lawsuit was an attempt to stifle competition during the critical holiday shopping season.
"This is unfair," Cislo said Monday. "Why are they entitled to a patent that is so broad, it covers everything in the world?"
Razor USA has reached settlements with several of the original 16 defendants, which will allow them to sell their existing supplies of scooters in return for a royalty payment on the patent. After their supplies are depleted, the companies will have to redesign their rear brake and, in some cases, change the look of the scooter, including the rectangular foot pad and oval grip tape.
"What they have acknowledged is they can redesign around the patent, which is exactly what we want them to do," Brian Sieve, an attorney for Razor USA said Monday.
Much of the argument centered around the definition of the word "connected" as used in the Razor patent. Attorneys for the defendants argued that when the Razor patent refers to elements of the fender brake being connected to the frame, the term should be taken to mean connected with a fastening device, such as a bolt.
Razor USA attorneys said the term should not be defined so narrowly, a contention the judge seemed to back.
"Are my two fingers connected?" Real asked one attorney, holding his two index fingers together in the air. "I say they're connected and I don't see any bolt."
Razor USA sued 16 makers and distributors of rival scooters in November.
The company sells scooters made by Taiwan-based JD Corp. It was assigned a U.S. patent on Oct. 31 for the rear fender, which acts as a brake when stepped on. The next day, the company filed a patent infringement lawsuit in federal court.
Real issued a temporary restraining order against the defendants in November.
The stakes are high for scooters. In September, the Razor was the top-selling toy in the nation based on total sales, according to the NPD Group, which tracks toy sales.