3M Responds to XPEL’s Counterclaims

November 16th, 2016 by Katherine Coig

In a series of recently filed court documents, 3M addresses XPEL’s counterclaims to its amended complaint, while still alleging that XPEL infringed, and continues to infringe, on its paint protection film (PPF) patent (‘263).

According to the document, 3M alleges the first layer of XPEL’s product is a polyester-based polyurethane top coat. XPEL denies this in its counterclaim by saying, “Contrary to 3M’s allegation, the top coat layer within the XPEL ULTIMATE paint protection film is not a polyester-based polyurethane.” The same was noted for the company’s Stealth PPF. scales-of-justice

In addition, the Minnesota-based 3M claims XPEL has targeted and/or concentrated on Minnesota by offering its XPF PPF, a product involved in the case, for sale through dealers located in the state, and therefore seeks personal jurisdiction.

XPEL’s counterclaim denies all allegations set forth by 3M.

3M responded by remaining firm with its requests from the court:

  1. That XPEL take nothing by way of its counterclaims;
  2. That XPEL’s counterclaims be dismissed with prejudice;
  3. That 3M be awarded the relief requested against XPEL in its complaint;
  4. That 3M be awarded its attorneys’ fees and costs as provided by law; and
  5. That the Court award 3M such other and further relief as the Court deems just and proper.

3M has seconded the demand for a trial by jury.

XPEL continues to deny that its PPFs in question have infringed on the ‘263 patent. The document states, “XPEL has not infringed and is not infringing any valid claim of the ‘263 patent.”

XPEL’s stock price is currently just above $1 USD per share, according to Bloomberg Markets, which represents little progress since the drop following the initial lawsuit.

Window Film magazine will continue to bring updates as the case moves forward.

This article is from Focus on Film, the weekly e-newsletter that covers the latest news regarding window film and related products, including paint protection film. Click HERE to sign up—there is no charge. Interested in a deeper dive? Free subscriptions to Window Film magazine in print or digital format are available. Subscribe at no charge HERE.

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  1. Can’t you guys sit down and work it out ,because you know very well only the lawyers will win in the end.Trust I am not a doctor by I know how to operate.We have been down this road before and in the end nobody wins my friends and it is not good for the industry, Leon Levy Klingshield South Africa

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