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Red Valve Company defends TMS Mixing Systems Patent

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Red Valve Company, Inc., The Metraflex Company, and Proco Products, Inc. today announced the settlement of all disputes between Red Valve, on the one hand, and Metraflex and Proco, on the other hand, relating to certain Red Valve patents involving mixing, diffusion and aeration systems (U.S. Patent Nos. 6,016,839 and 7,104,279).  In 2007 Metraflex brought an action against Red Valve seeking a determination that Patent No. 7,104,279 was invalid and that Metraflex and Proco did not infringe it.  Red Valve filed a counterclaim alleging that Metraflex and Proco were infringing both patents by inducing system owners, customers and engineers to infringe the Red Valve patents and to use Proflex valves sold by Proco to do so.  As part of the settlement, all parties denied any liability.  In addition, Metraflex and Proco acknowledged the validity and enforceability of the Red Valve patents.  Metraflex and Proco further agreed not to (i) sell any check valves for use in mixing, diffusing or aeration systems calling for more than two check valves other than effluent diffusing systems or (ii) direct potential customers to distributors or other third parties for the purpose of purchasing valves sold by Metraflex or Proco for use in such systems.  Metraflex and Proco will be making those obligations known to the industry by contacting their customers, by including them in all marketing materials and by affixing labels to those of their check valves that could be used to infringe Red Valve’s patents.   In turn, Red Valve licensed Metraflex/Proco to sell certain check valves for use in mixing, aeration and diffusion systems that use no more than two check valves, i.e., systems with a single inlet and outlet, and also for effluent diffusing systems incorporating any number of valves and discharging into an environmental water body.

Chris Raftis, president of Red Valve, stated “Red Valve is pleased that this dispute has been resolved amicably.  As a technology leader in the valve industry, we believe that our patented products and systems offer tremendous advantages to customers. We design, develop, test, and patent new products, and take our inventions and our technology to the market.  We are proud of our leadership position and will not hesitate to defend our patent rights when they are challenged.  We are pleased that Metraflex and Proco have acknowledged the validity and enforceability of our patents relating to these systems.”

In a joint statement, Jim Richter, president of Metraflex, and Ed Marchese, president of Proco Products, said “We too are pleased to have been able to resolve this dispute in an amicable manner.  Proco Products and its distributors will continue to sell check valves to our customers, simply not for use in mixing, diffusion and aeration systems other than those with a single inlet and outlet, and other than those for effluent diffusing systems incorporating any number of valves and discharging into an environmental water body.”

About Red Valve: Red Valve, headquartered in Pittsburgh, PA, through its Tideflex Division, is the world’s leading designer and manufacturer of Tideflex check valves used for backflow prevention.  These same check valves are used as an integral component of mixing systems commonly used in the treatment of water and waste water.  Red Valve also manufactures and sells pinch valves, annular seal pressure sensors, expansion joints, and slurry knife gate valves, which are used in a wide array of industrial, municipal and commercial applications.

About Metraflex: Metraflex, headquartered in Chicago, IL, sells piping specialty products to the commercial HVAC industry.

About Proco Products:  Proco Products, headquartered in Stockton, CA, has been serving industry since 1984 and is recognized as a leading supplier of piping/ducting system expansion joints and rubber check valves.  Proco operates globally through an extensive agent and distribution network providing a range of products and services.

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