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News Releases:
July
1, 2002
CATALINA LIGHTING, INC. ANNOUNCES
U.S. COURT OF APPEALS DECISION ON PENDING LITIGATION
MIAMI,
Florida (July 1, 2002) – Catalina Lighting, Inc. (NASDAQ Small Cap: “CALA”),
a leading international designer, manufacturer and distributor of lighting
products for residential and office environments, today announced the decision
of the U.S. Court of Appeals for the Federal Circuit on June 28, 2002,
regarding its appeal of a patent infringement judgment.
On September
15, 1999, the Company filed a complaint entitled Catalina Lighting, Inc. v.
Lamps Plus, Civil Action 99-7200, in the U.S. District Court of the Southern
District of Florida. In the
complaint, the Company requested declaratory relief regarding claims of trade
dress and patent infringement made by Lamps Plus against a major customer of
the Company. Lamps Plus filed an
Answer and Counterclaim against the Company and its customer on October 6,
1999, alleging patent infringement and trade dress.
The trade dress claim was dismissed with prejudice before trial in
March 2001. In April 2001, a jury
returned a verdict finding liability against the Company on the patent
infringement claim, and in June 2001 the Court entered a judgment of
approximately $1.6 million for damages and interest thereon.
The Company appealed the judgment entered by the Court and posted a
surety bond in the amount of $1.8 million for the appeal (for which the
Company posted $1.5 million in cash collateral).
In March 2002, the U.S. Court of Appeals for the Federal Circuit heard
oral arguments regarding the case. In
a decision published on June 28, 2002, the Court affirmed the finding of
liability against the Company, but reduced the lower court's award of damages
from approximately $1.6 million to approximately $0.9 million.
Eric Bescoby,
the Company’s CEO, commented, “We felt the Company had a strong case that
there was no patent infringement, and are disappointed with that aspect of the
ruling. On the other hand, we are
pleased that the Court reduced the level of damages assessed against us.”
Based upon
the opinion of its trial counsel, the Company had not previously recorded a
provision for the judgment, but will now record a provision in the quarter
ended June 30, 2002, for approximately $1.0 million, which includes estimated
expenses.
# # #
This press release includes
statements that constitute “forward-looking” statements, including,
without limitation, that the Company will record a provision for the judgment
and for estimated expenses. These statements are made pursuant to the safe
harbor provisions of the Private Securities Litigation Reform Act of 1995.
Forward-looking statements inherently involve risks and uncertainties that
could cause actual results to differ materially from the forward-looking
statements. Factors that would
cause or contribute to such differences include, but are not limited to, the
actual expenses incurred in this matter exceeding the provision, and other
risks detailed in the Company’s periodic reports filed with the Securities
and Exchange Commission. By making these forward-looking statements, the
Company undertakes no obligation to update these statements for revisions or
changes after the date of this release.
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