Hypoxico Wins Patent Infringement Lawsuit Against C.A.T.; Awarded $4 Million in Damages

Hypoxico, Inc. wins lawsuit against CAT; Jury finds all of CAT’s tent and room systems infringed on Hypoxico’s patent.

New York, NY, February 09, 2009 --(PR.com)-- A nearly three-week, patent infringement trial in federal court in New York City has resulted in a $4million-plus award for Hypoxico, Inc. against Colorado Altitude Training LLC (CAT).

A jury found that all of CAT’s tent and room systems designed for simulated altitude training infringed on Hypoxico’s patent. In addition, they also determined that CAT’s founder and president, Lawrence Kutt, was personally liable along with CAT for the infringement.

“This is a complete vindication of what we have been saying all along,” says Hypoxico president Gary Kotliar. “CAT ripped off our patented technology. Period. End of story.”

“It’s a complete about-face,” agrees Cohen Pontani Lieberman & Pavane Managing Partner Martin Pavane, “especially given that CAT originally had charged Mr. Kotliar with infringing a patent that CAT had licensed from a Scandinavian company. The jury found that that patent had not been infringed and determined instead that CAT was the infringer.”

Hypoxico and Mr. Kotliar were represented by CPLP attorneys Martin Pavane and Roger Thompson.

Hypoxico Inc. (www.hypoxico.com) was founded in 1995 by inventor / scientist Igor (Gary) Kotliar. Immediately after patenting the world’s best altitude simulation technology for athletes, Hypoxico began to manufacture and market its revolutionary systems. Hypoxico has become known among elite athletes and trainers as the company providing the best equipment for athletic training and performance. Its worldwide installations have been in use for almost a decade at some of the world’s top organizations and institutions including: the Olympic Committees for the United States, Norway, Finland, the Czech Republic, New Zealand, Brazil, German, Australian and Canadian Olympic Committees, as well as the ARCO Olympic Training Center in Barcelona and the Quebec Government Secretariat of Sport. As the pioneer in simulated altitude training technology, Hypoxico was the first company to obtain patents pertaining to the creation and application of hypoxic air and wrote and owns the rights to the following patents: US No. 5799652 Hypoxic room system and equipment for hypoxic training and therapy at standard atmospheric pressure; US No, 5850833 Apparatus for hypoxic training and therapy; US No. 5887439 Hypoxic clean room systems for industrial applications; US No. 5924419 Apparatus for passive hypoxic training and therapy; US No. 5964222 Hypoxic Tent System; EU Patent No. EU 95985201 Hypoxic room system and equipment for hypoxic training and therapy; and Canadian Patent No. 2,227,444 Hypoxic room system and equipment for hypoxic training and therapy.

Cohen Pontani Lieberman & Pavane LLP (www.cplplaw.com) is a New York City-based intellectual property firm serving a worldwide roster of companies from a diverse range of industries including avionics, pharmaceuticals, electronics, heavy machinery, biotechnology and telecommunications.

Hypoxico, Inc.
Matthew Eckert