Muller Martini and Goss File Infringement Suits and Countersuits

By: Jim Rosenberg Muller Martini Corp., Hauppauge, N.Y., announced it has filed two patent-infringement lawsuits against Goss International Corp., Bolingbrook, Ill., and Goss International Americas Inc., Dover, N.H.

Muller Martini Corp. and its sister company, Muller Martini Mailroom Systems Inc., Allentown, Pa., filed suit Oct. 24 in U.S. District Court for the District of Delaware, alleging infringement of a control system patent. Muller Martini said the machines involved in that case include the Goss Magnapak inserter and SP saddle stitchers, which it said it believes incorporate Muller Martini technology.

Specifically, Muller Martini sees infringement of its patented "Method for Optimizing the Production Output of an Apparatus Processing Flat Items."

Goss denies infringement and alleges that the Muller Martini patent is invalid and unenforceable. It seeks dismissal. In a counterclaim, Goss argues, among other things, that Muller Martini obtained its patent "through fraud" related to pertinent prior art and that Goss was injured as a result of Muller Martini's "anticompetitive conduct." It further asserts that Muller Martini infringed a Goss patent for a "Collator without a Main Line Drive Shaft." Goss asks that Muller Martini be prohibited from infringing the Goss patent and that it compensate Goss.

Filed a day later in U.S. District Court for the District of Minnesota, in Minneapolis, a suit by Muller Martini Corp. against the same defendants seeks to protect a 1998 patent on saddle stitcher technology.

Goss International Americas installed its SP-2500 saddle stitcher at Banta in Minnesota, and Muller Martini seeks damages and injunctive relief to halt what it says would be further infringement of its technology.

In its response, Goss denies infringing the patent for a "Gathering and Wire Stitching Machine with Multiple Wire Stitching Stations." In a counterclaim restating its defense, Goss asks the court to declare Muller Martini's patent invalid, alleges that Muller Martini infringed Goss' patent for a "Collator without a Main Line Drive Shaft," and seeks an award of attorney fees and damages, as well as an injunction against Muller Martini to prohibit infringement.

Muller Martini Corp. and Muller Martini Mailroom Systems, Inc. are members of the Swiss-based Muller Martini group, which makes finishing equipment worldwide.

Both sides in both cases seek jury trials and treble damages.