News
April 13, 2007 - Homax announces positive outcome in Spraytex arbitration
BELLINGHAM, WA, April 13, 2007 – Homax Products, Inc., a major manufacturer of home improvement products for the DIY enthusiast and contractor, announced today that a binding commercial arbitration conducted by the American Arbitration Association has ruled in favor of Homax by finding that its new adjustable aerosol texture nozzle does not infringe upon a Spraytex patent.
The arbitration concluded that Spraytex was not correct in asserting that Homax's new patented adjustable nozzle infringed United States Patent 5,941,462 issued to Joseph Sandor, the inventor, on August 24, 1999 and subsequently assigned to Spraytex. Spraytex had attempted to assert that infringement occurred either literally or under the doctrine of equivalents. The arbitrator, however, concluded differently. "The Homax variable spray nozzle assemblies do not infringe ... when the Sandor '462 patent in issue is properly read and applied in relation to such Homax products." The arbitrator further referred to the differences between the Homax and Spraytex nozzles as "not insubstantial", citing "advantages of a nozzle adjustment method which reduces the 'drip and drool' factors for end users."
Ross Clawson, President of Homax Products, Inc. expressed his satisfaction with the ruling. "Our goal all along has been to provide the best possible products to our customers with outstanding fill rates and service. Spraytex, on the other hand, has used an invalid claim of patent infringement for nearly one year to try to dissuade customers from using Homax aerosol spray textures. In a very real sense, they were trying to interfere with our use of proprietary technology. We're glad the arbitration proceedings are concluded so we can set the record straight. This decision not only confirms the innovation built into our new nozzle, it also further positions Homax as the leader in aerosol drywall texture technology."
The new Homax nozzle began shipping on Homax spray textures in March 2007, including water-based and oil-based Orange Peel, Color Changing Orange Peel, and Knockdown Textures. The new nozzle delivery system replaces the multi-straw application previously used with the Homax texture line. This new "Dial It In" adjustable nozzle makes it easy to match any interior wall texture. It also features an integrated safety tab, stable base design, comfortable spray button, tactile click adjustment, an oversized handle for convenience, and easy cleaning.
For more information, please contact Catherine Carey of Homax at 360-733-9029.