DES MOINES (Nov. 13, 2007) — A federal district court judge in Des Moines has denied the petition of Goodyear and Titan Tire Corp. for a preliminary injunction against the sale of “Easy Rider” backhoe tires by GPX International Tire Corp., Case New Holland Inc. and CNH America L.L.C.
Goodyear and Titan claim the Easy Rider design infringes on the patented “862” backhoe tire design developed by Goodyear and licensed by Titan.
In considering the injunction motion, Judge James Gritzner determined that the Easy Rider and 862 designs were virtually identical, and that Goodyear and Titan could meet legal standards for proving irreparable harm to their business because of the Easy Rider's sale.
However, because GPX, Case and CNH raised the substantial point that a person of ordinary skill could have produced a predictable variation on the 862 design, they raised the possibility that the patent was invalid on that basis.
Goodyear and Titan are appealing the judge's decision.
Attorneys for both sides were unavailable for comment Nov. 13.