Red Valve Co, Inc., The Metraflex Co, and Proco Products, Inc. have settled a dispute respecting certain patents. In 2007 Metraflex brought an action against Red Valve seeking a determination that Patent No. 7,104,279 was invalid and that Metraflex and Proco did not infringe it. Red Valve filed a counterclaim alleging that Metraflex and Proco were infringing patents by inducing system owners, customers and engineers to infringe the Red Valve patents and to use Proflex valves sold by Proco to do so. As part of the settlement, all parties denied any liability. Metraflex and Proco acknowledged the validity and enforceability of the Red Valve patents. Metraflex and Proco further agreed not to (i) sell any check valves for use in mixing, diffusing or aeration systems calling for more than two check valves other than effluent diffusing systems or (ii) direct potential customers to distributors or other third parties for the purpose of purchasing valves sold by Metraflex or Proco for use in such systems. Metraflex and Proco will be contacting their customers and including them in all marketing materials and by affixing labels to those of their check valves that could be used to infringe Red Valve’s patents. In turn, Red Valve licensed Metraflex/Proco to sell certain check valves for use in mixing, aeration and diffusion systems that use no more than two check valves and for effluent diffusing systems incorporating any number of valves and discharging into an environmental water body.
