Odyssey Sued For
Bentonville, AR, March 7, 2002 – Brass Eagle Inc. (NASDAQ: XTRM) has
filed suit against Texas-based Odyssey Paintball Products, LLC for infringement
of a Brass Eagle Inc. patent covering a motorized, active feed paintball
loader. The suit was filed in federal court in Greenville, South
Carolina. Also named as defendants in the suit are Greenville-based
wholesale distributor Paintball, Incorporated, and local paintball retailers
Paintball and 111 Paintball.
The Brass Eagle patent – US 5,816,232 – covers Brass Eagle Inc.’s popular
ViewLoader eVLution and ViewLoader Revolution electronic feeder loaders.
Odyssey’s recently introduced HALO active feed loader is the accused product
in the suit.
Brass Eagle Inc. has asked the court to enjoin all of the named defendants
from selling HALO loaders, and to award it damages for their infringement.
In addition, Brass Eagle Inc. has asked the court to find Odyssey liable
as a willful infringer, and to assess treble damages and attorney fees
“Brass Eagle Inc. has a substantial investment in intellectual property
rights covering innovative products, and intends vigorously to protect
that investment by taking action against imitators who violate those rights,”
said Brass Eagle Inc. President Lynn Scott. “We are confident in
our legal position, and fully expect to prevail,” he said.
Brass Eagle Inc., based in Bentonville, Arkansas, is the leading designer,
manufacturer, marketer and distributor of paintball products, including
markers, loaders, paintballs, apparel and related accessories. For
complete information about the ViewLoader line of electronic loaders,
please visit www.viewloader.com.
Certain statements in this press release (including
statements containing the words "expect," "will," "believe," "continue,"
“anticipate,” "could," "intend" and similar words) may constitute forward
looking statements within the meaning of the Private Securities Litigation
Reform Act of 1995. These forward looking statements involve known and
unknown risks, uncertainties and other factors that may cause the actual
results, performance or achievements of Brass Eagle, its industry or others
to be materially different from any future results, performance or achievements
expressed or implied by such forward looking statements. Important factors
that could cause actual results to differ materially from Brass Eagle's
expectations include the following: (1) Intensifying competition, including
specifically the intensification of price competition, the entry of new
competitors and the introduction of new products by new and existing competitors;
(2) Failure to obtain new customers or retain existing customers; (3) Inability
to carry out marketing, sales or other business plans and strategies; (4)
Loss of key executives; (5) General economic and business conditions which
are less favorable than expected; and (6) Unanticipated changes in industry