On July 6th, Wild Ass claimed the lawsuit was frivolous and filed a motion to dismiss and stated they were confident the court will rule in favor of Wild Ass. In fact, Scott Parman, co-founder of Wild Ass, stated our lawsuit was a desperate, frivolous case initiated by AirHawk International to eliminate the competition. Nothing could be farther from the truth!
On August 1, the court ruled in favor of AirHawk and allowed all of its claims to go forward. In fact, with regards to the Patent Infringement claims, the court found that Wild Ass' designs as a whole are substantially similar and that a side-by-side comparison of the products showed that the overall shape of the Patented AirHawk seat cushions and the accused Wild Ass seat pads are identical! Frivolous? We don't think so. While the court made several statements about Wild Ass products, one of the most important is regarding false advertising. In Wild Ass' own filings with the court they admitted that although its products use "clinically proven medical seating technology" and have medical and therapeutic benefits, these claims are in fact false. Wild Ass has not tested their products for any of the so called claimed medical benefits of their pads.
While AirHawk is not sure where Wild Ass products are made, included in the packaging material shipped is a sheet of paper stating they are made in Korea. We wonder why anyone would want to purchase a product made overseas instead of a product made in America or choose one that has used false advertising about its medical benefits to mislead consumers.
Updates to follow.
For further info check out airhawk.net or call 888-443-2669