PRESS RELEASE
To all of our concerned customers, potential customers and business associates.
Information disseminated from Flexiteek and subsequently their distributors has created the impression that an injunction against decking that contravenes their "claimed" patent will issue against certain deck flooring products sold by Tek-Dek USA. These reports are wholly untrue. The true facts are that Flexiteek has not obtained an injunction against anyone, and especially not against Tek-Dek. Furthermore, any statements about any judgments were not based upon any Court case between Flexiteek and Tek-Dek, but instead were based on a Court case where Tek-Dek was not even a party.
In the ongoing lawsuit against Tek-Dek, the court has denied Flexiteek's attempts to dismiss Tek-Dek's claims and other defenses that Flexiteek's patent is invalid and/or unenforceable. In a recent Court Order of July 9, 2009, the Federal District Court specifically found that Tek-Dek's defenses put into issue "relevant and substantial legal and factual questions" concerning Flexiteek's patent's potential invalidity, and that Tek-Dek has the opportunity to succeed on its defenses. A copy of the Order is posted for review.
Thus as clearly shown, any insinuation of an injunction or of any judgment against Tek-Dek at this stage is wholly meritless and amounts to irresponsible and deceptive practices, and should be ignored.
