Shock Doctor Obtains Permanent Injunction Against XO Athletic

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Tue Mar 24, 2009 10:34am EDT

Judgment protects Shock Doctor`s Gel Max Mouthguard patented technology
MINNEAPOLIS--(Business Wire)--
Shock Doctor, Inc., a sports protective gear manufacturer that uses advanced
technology in developing its products, today announces that its competitor, XO
Athletic Company, has consented to a permanent injunction prohibiting XO
Athletic from infringing Shock Doctor`s Gel Max Mouthguard patent. 

Shock Doctor filed suit in 2008, to prevent XO Athletic from entering the market
with a protective mouthguard asserted to infringe a 1994 Shock Doctor patent
covering Shock Doctor`s Gel Max Mouthguard. A subsequent redesign by XO Athletic
was also disputed by Shock Doctor, who asserted infringement on both designs. 

Shock Doctor was initially granted a preliminary injunction by the United States
District Court for the District of Minnesota. XO Athletic appealed this
injunction, but it was upheld in its entirety by the U.S. Court of Appeals for
the Federal Circuit. The consent judgment converts the preliminary injunction
into a permanent injunction, with XO Athletic having withdrawn the mouthguards
in question from the market. 

"We are pleased to reach resolution on this case," said Steven Coopersmith,
senior vice president of marketing for Shock Doctor. "The Gel Max Mouthguard is
one of our flagship products and reflects our commitment to creating superior
products that protect all athletes. Shock Doctor invests heavily in research and
collaboration with medical professionals to develop technologically advanced
gear, and this result supports our ability to continue to do so." 

Faegre & Benson LLP represented Shock Doctor in the case leading to this
successful outcome, which further distinguishes the athletic brand as a global
leader. 

About Shock Doctor, Inc.
Shock Doctor is a global brand leader that uses innovative technology and design
to provide superior protection and enhanced performance for people who are
passionate about their sports. In addition to a full line of patented,
technologically-advanced mouthguards, Shock Doctor offers a comprehensive line
of innovative performance protection products, including core protective gear
for hockey, football, baseball, soccer, martial arts and boxing; lacrosse and
motorsports equipment; and a full line of Power Dry Gear Bag Systems. Shock
Doctor products are used by athletes at all levels of competition. The company
is headquartered in Plymouth, Minnesota. www.shockdoctor.com





Roepke Public Relations
Katherine Roepke, 612-677-1717
kroepke@roepkepr.com
or
Meghan Bonneville, 612-677-1717
mbonneville@roepkepr.com



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