The US District Court of California has issued a ruling in favor of the company, affirming that its intellectual property rights for the Microcyn technology are enforceable.
In an order issued November 14, 2007, the court granted Oculus’ motion to dismiss Nofil’s cross-complaint with prejudice. The court also ruled in the company’s favor on its claims for breach of contract, misappropriation of trade secrets and unfair competition and issued a permanent injunction barring Nofil from using Oculus’ intellectual property and from manufacturing products using the Microcyn technology for anyone other than Oculus.
The court also ordered an accounting and disgorgement of profits to Oculus based on Nofil’s wrongful conduct. The court will hold an evidentiary hearing in January, at which time Oculus will present evidence in support of its damage claim against Nofil.
Hoji Alimi, chairman and CEO of Oculus, said: “We were confident that we could defend our intellectual property rights and this is confirmed by the ruling. We now have positive legal precedent in the US, Japan, Mexico, and elsewhere throughout the world where the Microcyn technology platform has been introduced, that our intellectual property rights are fully enforceable.”