Well this looks like it took a long time but worked out okay in the end. One of our sponsors is the Callicrate Bander by No-Bull Enterprises, LLC. They own several patents related to their castration products but had to bring suit against Wadsworth Manufacturing, Inc. for patent infringement in the United States District Court for the District of Montana.
That case was recently settled, with Wadsworth Manufacturing, Inc. agreeing to pay Mr. Callicrate an undisclosed sum. The Court has also now entered an Order permanently enjoining Wadsworth Manufacturing, Inc. from making, using, selling, offering for sale, importing or exporting Wadsworth’s EZE No. 2 and EZE No. 3 (T1) banding tools, as well as any tool for performing ligation/castration that involves use of a tool with a pulling device and an in-line lever for deforming a grommet. The Order also prohibits use of any preformed loop for use with or designed for use with such tools, including Wadsworth’s EZE No. 3 (T1) tool. Wadsworth retains the ability to manufacture and sell preformed continuous loops for use with banding tools that do not include the use of a grommet. Wadsworth also has the right to make and sell grommets for use with linear lengths of ligation material. The injunction extends until Midnight, December 16, 2011.
Mike Callicrate is glad the whole thing is over.
“It has been a long, hard battle, but the justice system worked. This outcome demonstrates the commercial value of obtaining patents on novel inventions.” The result of the parties’ settlement and Court-ordered injunction is that only Mr. Callicrate’s exclusive licensee, No-Bull Enterprises, will have the right to sell the patented castration devices and preformed endless loops.
6 Comments on “Callicrate Bander Prevails In Patent Infringement Case”
I would like to give my opinion of the dealings between Wadsworth and Callicrate, I have to say that the court sytem failed in this case. The jury did not. Wadsworth won the court case because the jury agreed that everything the EZE consisted of was covered by the origianl patent. As far as originality the process of castrating animals using high tension banders was concieved of and developed by Legrande Wadsworth. The Callicrate device was not even manufactured until several years later. It is funny that Callicrates machine, which accomplishes the same job as the original Wadsworth machine, can be labeled prior art. This case was settled because everyone was sick of courts and lawyers. This was a loss for everyone inclding the court system. Wadsworth has decided they can take it on the chin and supply our customers with alternative product that still gets the job done just as well and also move castration products to the next level with even more innovative machines and materials. Wadsworth was the first in the delayed castration business and it will continue to be a leader as the go on.
I would like to give my opinion of the dealings between Wadsworth and Callicrate, I have to say that the court sytem failed in this case. The jury did not. Wadsworth won the court case because the jury agreed that everything the EZE consisted of was covered by the origianl patent. As far as originality the process of castrating animals using high tension banders was concieved of and developed by Legrande Wadsworth. The Callicrate device was not even manufactured until several years later. It is funny that Callicrates machine, which accomplishes the same job as the original Wadsworth machine, can be labeled prior art. This case was settled because everyone was sick of courts and lawyers. This was a loss for everyone inclding the court system. Wadsworth has decided they can take it on the chin and supply our customers with alternative product that still gets the job done just as well and also move castration products to the next level with even more innovative machines and materials. Wadsworth was the first in the delayed castration business and it will continue to be a leader as the go on.
I would like to give my opinion of the dealings between Wadsworth and Callicrate, I have to say that the court sytem failed in this case. The jury did not. Wadsworth won the court case because the jury agreed that everything the EZE consisted of was covered by the origianl patent. As far as originality the process of castrating animals using high tension banders was concieved of and developed by Legrande Wadsworth. The Callicrate device was not even manufactured until several years later. It is funny that Callicrates machine, which accomplishes the same job as the original Wadsworth machine, can be labeled prior art. This case was settled because everyone was sick of courts and lawyers. This was a loss for everyone inclding the court system. Wadsworth has decided they can take it on the chin and supply our customers with alternative product that still gets the job done just as well and also move castration products to the next level with even more innovative machines and materials. Wadsworth was the first in the delayed castration business and it will continue to be a leader as the go on.
i have used both. Wadsworth first machines were not humane. They left high percentages of uncastrated animals and often caused infections and tetnus due improper band crimping and adequate tubing tightness. Surgery and antibotics were a constant companion to the wadsworth system.
Callicrate didnt improve on an existing bander, he created the first that worked with a ratchet that controlled tighting, a strong band that didnt cut the tubing prematurely and a preassembled band/tubing that was easy to apply. Even if judges and jurys had trouble figuring it out, the animals and cowboys have known only one works since the Callicrate first applied his can do attitude to the problem Wadsworth created.
i have used both. Wadsworth first machines were not humane. They left high percentages of uncastrated animals and often caused infections and tetnus due improper band crimping and adequate tubing tightness. Surgery and antibotics were a constant companion to the wadsworth system.
Callicrate didnt improve on an existing bander, he created the first that worked with a ratchet that controlled tighting, a strong band that didnt cut the tubing prematurely and a preassembled band/tubing that was easy to apply. Even if judges and jurys had trouble figuring it out, the animals and cowboys have known only one works since the Callicrate first applied his can do attitude to the problem Wadsworth created.
i have used both. Wadsworth first machines were not humane. They left high percentages of uncastrated animals and often caused infections and tetnus due improper band crimping and adequate tubing tightness. Surgery and antibotics were a constant companion to the wadsworth system.
Callicrate didnt improve on an existing bander, he created the first that worked with a ratchet that controlled tighting, a strong band that didnt cut the tubing prematurely and a preassembled band/tubing that was easy to apply. Even if judges and jurys had trouble figuring it out, the animals and cowboys have known only one works since the Callicrate first applied his can do attitude to the problem Wadsworth created.