The agreement, in part, calls for ThermaPure to provide a covenant not to sue RIA members unless the member heats a structure to an ambient temperature in excess of 105°F while practicing the other limitations of claims of ThermaPure's U. S. Patent 6,327,812 ('812 patent); the RIA, in turn, acknowledges the validity of the '812 patent and will encourage the adoption of the ThermaPure technology to its members when using temperatures in excess of 105°F, the release stated.
According to the release, the litigation settlement is a win/win for RIA and ThermaPure, ending a long standing dispute between the parties wherein ThermaPure sought to protect its patents while the RIA sought certainty as to the scope of ThermaPure's infringement charges.
This '105°F safe-harbor' clause is exclusively for RIA members; current members, in good standing, receive immediate and automatic benefit from the terms of the settlement, while non-member restoration contractors receive benefits effective the date they join the association, the release noted.
RIA is in the process of developing a dedicated page on its website with details, including the full agreement, pertaining to the settlement, the release added.
Click here to read the release in its entirety.