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Shock Doctor Obtains Permanent Injunction Against XO Athletic

3/24/2009

Shock Doctor, Inc., a sports protective gear manufacturer that uses advanced technology in developing its products, today announces that its competitor, XO Athletic Company, has consented to a permanent injunction prohibiting XO Athletic from infringing Shock Doctor’s Gel Max Mouthguard patent.

Shock Doctor filed suit in 2008, to prevent XO Athletic from entering the market with a protective mouthguard asserted to infringe a 1994 Shock Doctor patent covering Shock Doctor’s Gel Max Mouthguard. A subsequent redesign by XO Athletic was also disputed by Shock Doctor, who asserted infringement on both designs.

Shock Doctor was initially granted a preliminary injunction by the United States District Court for the District of Minnesota. XO Athletic appealed this injunction, but it was upheld in its entirety by the U.S. Court of Appeals for the Federal Circuit. The consent judgment converts the preliminary injunction into a permanent injunction, with XO Athletic having withdrawn the mouthguards in question from the market.

“We are pleased to reach resolution on this case,” said Steven Coopersmith, senior vice president of marketing for Shock Doctor. “The Gel Max Mouthguard is one of our flagship products and reflects our commitment to creating superior products that protect all athletes. Shock Doctor invests heavily in research and collaboration with medical professionals to develop technologically advanced gear, and this result supports our ability to continue to do so.”

Faegre & Benson LLP represented Shock Doctor in the case leading to this successful outcome, which further distinguishes the athletic brand as a global leader.

About Shock Doctor, Inc.
Shock Doctor is a global brand leader that uses innovative technology and design to provide superior protection and enhanced performance for people who are passionate about their sports. In addition to a full line of patented, technologically-advanced mouthguards, Shock Doctor offers a comprehensive line of innovative performance protection products, including core protective gear for hockey, football, baseball, soccer, martial arts and boxing; lacrosse and motorsports equipment; and a full line of Power Dry™ Gear Bag Systems. Shock Doctor products are used by athletes at all levels of competition. The company is headquartered in Plymouth, Minnesota.