Colored Stones
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Trent West, Penney's settle tungsten carbide suit
By Michelle Graff
November 19, 2009
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| TrewTungsten by Trent West men's band from the TrewEdge collection, which features an original beveled edge inlaid with brushed 18-karat yellow gold. |
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Tyler, Texas--A federal court in Texas has dismissed tungsten carbide ring king Trent West's patent infringement lawsuit against J.C. Penney Co., court documents show, in a case that lawyers say provides the department store with unfettered access to a popular sector of the men's wedding band market.
According to documents filed in U.S. District Court for the Eastern District of Texas' Tyler division, jewelry designer West and J.C. Penney reached a settlement agreement in the case early this month.
In a press release, Storm LLP, the law firm representing J.C. Penney, said the settlement "positions J.C. Penney to become a dominant player in the alternative metals jewelry market," which "has become increasingly popular due to the rising cost of gold."
In addition, the release states that J.C. Penney is now "the only company in the nation offering retail sales of tungsten carbide rings without payment to West or risk of being sued by Trent West."
However, West's attorney, Edward V. King Jr. of King and Kelleher LLP, in San Francisco views the case as a "great win" for his client and said they settled the suit because they prefer to pursue this issue in U.S. District Court for the Northern District of California, where litigation is ongoing against C and C Jewelry Mfg. Inc. of Los Angeles, the supplier to J.C. Penney.
He also notes that the Northern District of California is where West has, in the past, obtained injunctions against other manufacturers and sellers of infringing products.
"Contrary to what has been published, our goals were to identify the infringing supplier and move the case closer to my home in California, both of which have been accomplished," King said. He continued, saying, "Responsible retailers do not want to sell illegal items. Our patents remain valid, are not in question, nor will they be compromised. The patents, all seven patents, cover every tungsten carbide ring sold in the U.S. market, and we will continue to pursue violators."
West originally filed suit against the Plano, Texas-based department store chain in May 2008, claiming J.C. Penney had infringed four of his tungsten carbide jewelry patents. West manufacturers and sells men's wedding bands made of tungsten carbide through his Watsonville, Calif.-based company TrewTungsten.
According to Storm LLC, Penney's countered with five motions for summary judgment that would have potentially removed three of the patents from the case and/or invalidated one of them entirely.
The agreement, dated Nov. 2, states that West agrees not to sue J.C. Penney or its customers for "the infringement of any West patent related to tungsten carbide rings or tungsten carbide jewelry, including but not limited to, the infringement of any patent in suit or any and all related patents."
Further, West agrees not to sue J.C. Penney for any and all claims, or possible claims, related in any way to tungsten carbide jewelry, that were made, or could have been made, through the date of the agreement and not to join in, aid or cooperate with any attempts to sue J.C. Penney for infringement of any patents included in the suit or any related patents.
"This covenant not to sue," court documents state, "should be for the term of the patents in suit and for any and all related patents. This covenant not to sue shall not inure to the benefit of J.C. Penney suppliers."
West further agrees not to seek any discovery or testimony from J.C. Penney "regarding any matter related to any of West's alleged rights related to tungsten carbide jewelry including, but not limited to, the patents in suit and related patents."
J.C. Penney, in turn, won't sue West for a declaration of non-infringement, invalidity or unenforceability with regard to any patent in the suit or related patents, any claims that arise from the patents or related patents, or for any claims that are at all related to tungsten carbide jewelry made or that could have been made through Nov. 2, the agreement states.
No damages were awarded to either party in the settlement, and neither party was entitled to receive attorney's fees or other payments, the agreement said. In addition, the agreement states that nothing contained within it should be deemed to be an admission of liability by either party with respect to any claims made in the suit.
On Nov. 5, the court, having considered the parties' settlement agreement, dismissed without prejudice all of West's claims against J.C. Penney, and vice versa.
The suit against J.C. Penney isn't the first time West has gone to court over the patents protecting his alternative metal jewelry, though King said the only lawsuit West currently has is the suit against C and C in the Northern District of California.
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