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Don-Bur refutes U S daim
Page 14
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• Stoke-on-Trent trailer manufacturer and bodybuilder Don-Bur has reacted angrily to a mistaken report that it has been ordered to pay damages in the United States for patent infringement, due to the actions of its US Licensee Aztec Trailers of Texas.
In June 1986, Aztec Trailers, which builds Don-Bur curtainsider and Slide-A-Side bodywork under licence in America, was taken to court by Tautliner Engineering — the US associate company of Congleton bodybuilder Boalloy. In the action, Tautliner claimed patent infringements by Aztec, although Aztec contested this.
In a judgement in a Texas court recently, Aztec was ordered to pay a fixed sum of damages, plus a further sum, to Tautliner Engineering for every side-access trailer which infringes its patents, sold since April 1986.
During the period in question, Aztec is believed to have produced some 150 side-access trailers, of which a number have entered service with parcels operator Federal Express.
Don Bur's managing director Don Burton, however, says any suggestions that his company will have to pay damages are totally false. In the same action, it had been alleged that Don-Bur has contributorily infringed the patent, although contrary to an earlier report the UK company was not found to be liable, and was not ordered to pay damages.
Burton says that not only is his company not liable for damages, but also that the judge did not order Aztec to pay the legal costs of Tautliner Engineering. According to Burton, Aztec's costs alone were substantial. Aztec is believed to be asking for a re-trial.
The American patents involved in the dispute are understood to be more wideranging, compared with UK patents covering similar products.
Late last year, the manufacturing assets, and the US trademarks and patents owned by Tautliner Engineering were sold to Utility Trailers of California in the USA.