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MPT/The Kennedy Group Patents Affirmed A Second Time By The Federal Circuit Court Of Appeals

Thursday, July 2, 2009

CLEVELAND, OH — On March 10, 2009, MPT/ The Kennedy Group, the leading provider of permanent and temporary identification systems for reusable containers, mobile/shipping racks, shelving and pallets, was for a second time affirmed by the Federal Circuit Court of Appeals in its battle to protect its intellectual property relating to the use of its Placard product. The product has been the de facto standard in many industries to solve problems associated with labeling and re-labeling of reusable containers as well as stationary and mobile rack systems.

This recent appeals court action affirmed for a second time the injunction issued by the Federal District Court in Cleveland against the use in the United States of the so-called "Smart Surface Placard" product or any other product not colorably different from it in contravention of MPT's patents on the labeling and relabeling of reusable containers. This decision concerned United States Patents # 5,417,790 and RE 37,164, which are both held by MPT/ The Kennedy Group.

"We remain concerned that competitors may be selling placards for use in our patented Placard system in contravention of the injunction and/or its patents and we would appreciate any information on the subject that our customers or distributors can provide us," said Patrick Kennedy, VP Marketing/Sales for The Kennedy Group." We are simply trying to educate the marketplace about the decision that the Federal court has awarded us. However, we still believe there are competitors out there who are misinforming the marketplace by saying their products are different when in fact they are fully infringing our intellectual property. This is a great victory for us and we want the marketplace to know that the federal courts have spoken: our patents are valid and enforceable and we are entitled to protect this novel concept that we created. We would hope that our competitors will honor this and we want them to be aware that we will continue to defend our position to the fullest, as the company has invested a great deal into the research and development of these patents."

The patented Placard acts as a label holder providing temporary identification of labels and barcodes that can easily be removed and applied as contents of a container, rack or shelf change. The product provides an efficient way to accurately identify and manage reusable containers, pallet and racks, and is now the standard for major auto manufacturers and top suppliers. With more than 250 distributors and 2,000 customers worldwide in the automotive, chemical, medical, pharmaceutical as well as other industries, the Placard has become a critical solution for material handling and supply chain management. Replacing traditional label holders, our Placard identification systems provide easy application and removal of labels for properly tracking reusable packaging and rack storage systems in material handling and warehouse applications.

The Kennedy Groups Material Handling Identification Division can provide additional information on the Placard ID solution. Call 440/951-7660, or visit the Web site, www.kennedygroup.com.

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