NewswireToday - /newswire/ -
Canton, MI, United States, 2009/12/16 - KitchenStir responds to major retailer and consumer inquiries about technology patents and facts related to the KitchenStir Healthy-Fry™ and the T-Fal ActiFry™.
KitchenStir™ determined that the T-Fal ActiFry™ very likely infringes our Canada and US patents assigned to KitchenStir and listed below. In light of the alleged infringement, KitchenStir demanded that T-Fal, also known as SEB S. A., cease and desist importing or selling the ActiFry in Canada and the USA. T-Fal has a legal responsibility to avoid infringing US and Canada patents, so T-Fal was notified of many related facts and KitchenStir offered to resolve this matter rapidly and amicably.
T-Fal and SEB S.A. has not at anytime disputed the following facts:
- KitchenStir disclosed technology related to these patents in 2006 to T-Fal executive managers;
- KitchenStir was invited for a meeting in France by the chief executive over related T-Fal R&D to evaluate potential cooperation related to this technology developed by KitchenStir since 2003;
- KitchenStir demonstrated stir cooker technology in France at T-Fal R&D headquarters in 2006;
- KitchenStir provided working samples related to stir cooker technology to T-Fal R&D in 2006;
- In relation to Healthy-Fry stir cooker technology, KitchenStir owns issued utility patents that supersede all related T-Fal patent applications in the US and Canada;
- T-Fal has no issued US or Canada utility patents related to the technology used by ActiFry;
- T-Fal was formally notified in April 2009 of their responsibility to disclose the most related prior art to patent offices worldwide, in a timely manner, to which T-Fal has related applications;
- T-Fal knew of KitchenStir patents and related products no later than September 16, 2006, but failed to disclose this most related prior art, in a timely manner, to multiple patent offices with T-Fal patent applications related to stir cooker technology;
- T-Fal patent applications were still pending; this act established the factual basis of Violation of Duty of disclosure in T-Fal’s dealing with these esteemed patent offices;
- T-Fal filed patent applications in multiple countries worldwide claiming the priority of the filing dates of previous T-Fal France and PCT filings, this in effect concealed prior art known to T-Fal from 2006 meetings with the KitchenStir founders in France and disclosure of KitchenStir patents;
- SEB S. A. and patent offices of the International Bureau of WIPO, Canada, USA, China, and Europe were notified of these facts in 2009 and Violation of Duty of Disclosure and Inequitable Conduct by SEB S. A. in prosecution of patent applications related to the T-Fal ActiFry;
- T-Fal refused to provide a detailed response to the claims of related KitchenStir utility patents.
Tefal/T-Fal is a brand name and registered trademark of Groupe SEB and SEB S.A.; KitchenStir is a brand name of North American Distribution Systems Corporation, wholly owned subsidiary of Happliance Corporation. KitchenStir has growing alliances with major brands and retailers that rely upon KitchenStir intellectual property rights. The T-Fal ActiFry very likely infringes our issued Canada and US patents and related SEB S. A. utility patent applications in Canada and the US have been properly protested.
KitchenStir™ (KitchenStir.com) develops innovative appliances that make cooking easier and more efficient. The KitchenStir Healthy-Fry is the only patented "self-stirring" oven and fryer in the U.S.A. and Canada. The US and Canada patents related to KitchenStir technology include: US Patent 6,845,707; issued January 25, 2005; Canada Patent CA 2449600; issued October 23, 2007.